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Tenant not paying rent, not cooperating, agreement expired
27-Feb-2023 (In Property Law)
We have commercial offices in CBD Belapur (Navi Mumbai). We ran a playschool in the premises from 2006 till 2009. We thereafter rented out the premises to tenant (2009 onwards) and they now run a pre-school. Currently rental agreement is lapsed, Last 1 year no rent is paid, tenant not cooperating. We intend to sell property but tenant is not answering our calls, or allowing access to property to us or agents. Please advise legal recourse.
In this process you have to send a eviction notice through Advocate first, 15 to one month time and then u can file a case in court for relief. And after betting the documents court send a summons and then court helps you in getting your flat back.
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Adv. Vijendra Rai
Mumbai | 100+ Answers
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As per Section 33 of Maharashtra Rent Control Act , In City of Mumbai Small Causes Court or in other Area Civil Judge ( Junior Division ) has Jurisdiction in Case of Landlord and Tenant Relation. Person Who want to Evict his Commercial Tanant / Licencee need to file Eviction Suite in the Court. In case of Residential Premises there is Competent authority established under the Act. You need to give Written Notice calling upon Licencee to Vacate the Premises failing which you can Approach abovestated Courts.
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For this also you have to file a suit for recovery of possession even if tenant stay after the expiry of the agreement. In law point of view, we cannot through out even a tracepasser from the possession without the Court Order. You may institute a suit for recovery of possession in court of law.
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Adv. Sourabh A Saxena
Mumbai | 25+ Answers
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