Tenant got stay order on eviction. I want to do further construction.


I had given my house on rent via 11 month agreement which got expired and was renewed again on mutual terms via another agreement. Now I want to get further construction but the tenant refuses to vacate the house and has not even paid the rent for January.

 

He has also got a stay order from the court against eviction till June 2014 but I want to start construction immediately. The agreement says I can ask him to vacate by 1 month notice.

 

What should I do now?

 

Answer


Since the matter has now gone to the court, you have to file the Written Statement and defend the case. In addition, you must also file a counter claim for ejection, damages and mesne profits, and further move an application for setting aside the stay order granted by the Hon'ble court and also another application for regular payment of the rent payable.

 

We have to see the condition on which the court granted stay after examining the plaint and documents annexed with the plaint. Also whether your property is covered by the rent control law of state also needs to examined.

 

Please explore any possibilities of mediation through court and if that fails you can expedite the case by appointing a Local Commissioner to conduct evidence which will be faster than evidence being conducted in the civil / trial court.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Landlord/Tenant Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Landlord/Tenant Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Lease Agreement Drafting - Commercial Property

4.7 | 188 ratings
30 Min Into call + Start to finish help - Commercial Lease agreement drafted by a local experienced advocate
Registration of Lease Agreement

4.4 | 102 ratings
Registration of lease agreement through a local experienced advocate
Legal Notice for Refund of Security

4.8 | 389 ratings
30 Min Intro call + Start to finish help
Document Review - Lease Agreement Residential Property

4.6 | 132 ratings
Review + 30 Min phone call - Residential Lease review by a local experienced advocate
Legal Notice for Tenant Eviction

4.6 | 361 ratings
30 Min Intro call + Start to finish help
Document Review - Lease Agreement Commercial Property

4.4 | 152 ratings
Review + 30 Min phone call - Commercial Lease review by a local experienced advocate
15 Minutes Landlord / Tenant Advice Session by Phone

4.7 | 498 ratings
Legal advice and answers from a local experienced advocate about your landlord / tenant issue
Lease - Residential Property

4.8 | 271 ratings
Residential Lease agreement drafted by a local experienced advocate
Similar questions

Dear Team, We are hindu family living in a property  from last 50 years and being a tenant we were paying a rental of Rs. 40-50 per month till 20…

Read More

My case is disposed in.high court on 27-2-2017. Can i apeal angain in high court ? And can.i get the stay from that ? Pls suggest me should i do that.…

Read More

we live in chawl.builder need signature of 70% people for sra development.bt our makan malik says if we sign he will send us court notice. what should…

Read More

In order to get loan from a bank, the landlord signed as witness on partnership deed for a businessman who mentioned in the deed the place of business…

Read More

Talk to a lawyer for your legal issue