Residential apt given on lease by registered lease areement
02-Feb-2023 (In Landlord/Tenant Law)
I leased an apartment for 16 months through registered lease deed. Terms of lease includes a clause that either of the party can terminate the lease by giving 1 month notice. Now it is 15th month and my lease ends after 1 month and i want apartment back. The lessee insists on vacating after 2 months. I have few queries. 1. I understand if i send him notice to vacate then he might not vacate that easily. Court eviction can take min 6 months. 2. If i cooperate with him to avoid court confrontation, then is it safe to let him use for 1 month extra than the period mentioned in lease but not renewing the lease agreement for 1 month.
3. Is it advisable that i give him lease termination notice and asking him to vacate at the end of lease (to safeguard my interest) and then allow him to use place for 1 extra month.
yes you are right you can do so. and as per the recent Supreme Court judgement owner of the property can get vacate his his property by force after termination of the agreement.
And on the other hand tenant can not get injunction orders after expiry of his agreement. get extended his rent agreement by next one month and after that giving him a notice for eviction get vacated your flat. Nothing will go against you.
And on the other hand tenant can not get injunction orders after expiry of his agreement. get extended his rent agreement by next one month and after that giving him a notice for eviction get vacated your flat. Nothing will go against you.
to be on a safer side you should send him a legal notice and inform him that it is a procedural precaution taken by you and nothing in haste and let him use for the extra month and ask for a post dated cheque for that month and if he has any wrong intentions then finally rhe only option left will be fhorugh the court
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