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What rights do landlord have to vacate the house from tenants


24-Jul-2023 (In Landlord/Tenant Law)
We had rented our house to a tenant(family) for 11 months through leave and license agreement which expired on 07-11-2016.We did not renew the agreement after that but the tenant did not vacate the house .He is over staying in our house.In post expiry period he has given rent only up to Jan'17.and not paid rent after that till now.I want to know should we return back the rent for for three months which he has paid after expiry of agreement and continue not accepting rent if he pays rent for the period of his over. stay..Will this step of not accepting rent of his overstay make our case strong for eviction of tenant in court and also for requesting court to force him to pay rent till the case is disposed off by court at prevailing fair market rate. as we had fixed very low rent in (10000/-) agreement due to other considerations such as family appeared decent and promised us to vacate our house whenever we ask them. What should we do?
Answers (2)

Answer #1
530 votes
Landlorod has all the rights to get his house vacated. In this case you need to look upon the terms of the agreement. If the agreement says that you have to give one month notice then you can give tehm the notice for vacating. If they donot comply with the notice then you can send a legal notice and then you can file a suit for possession under specific relief act.

Answer #2
845 votes
Hi Sir,

To vacate the premises we have to file a case in rent tribunal and you need not to to refund the said amount to tenant. Its a long discussion so, kindly get in touch with us to know more. Kindly also provide us the rent agreement copy for the same.

Regards,
Gurmoj Goyal
(Advocate)

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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