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What to do since property given on rent now tenant not vacating it


05-Jan-2023 (In Landlord/Tenant Law)
My mother has commercial property on rent almost 12-13 years back. Now the tenant is not vacating the property. We had a 11 month agreement which was not renewed. How can we get the property back?
Answers (3)

Answer #1
891 votes
Hi'
If the property is governed by the Rent Control Laws of the state( You have not mentioned where/which city the property is situated and what is the rent per month) you will have to make up your case according to the local laws governing the relation between land lord and tenant.
if your property is not governed by the Rent Act in that case you may file a suit for possession by giving the Tenant notice to vacate. In case the tenant vacates on Notice its fine. Otherwise approach th Civil Court of competant jurisdiction to get the property vacated.
Answer #2
638 votes
Please issue a legal notice calling for eviction and if the tenant still does not vacate then you should institute a suit for eviction, mesne profits etc. alongwith the requisite applications for interim reliefs. This will have to be done before the appropriate civil court. The court fees payable will be determined in accordance with the annual rent
Answer #3
630 votes
Upon the expiry of the agreement, the tenancy automatic becomes a month-to-month tenancy terminable upon a notice to the said effect. If the tenant refuses to vacant the premises despite the expiry of the notice period, remedy lies in a suit for eviction.

In case the tenancy is governed by the provisions of Delhi Rent Control Act, the above query is not capable of being sufficiently/adequately answered with the given set of facts.

Please note that the present opinion/response/reply is in view of the limited facts put forth by you and shall not be deemed to be absolute/exhaustive and is only preliminary in nature

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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