Bengaluru | 09 Sep, 2016 (6 years, 6 months ago)

General Advice

Tenant issue

Due to nuisance behaviour and threat from the the present tenant I want them to be vacated ASAP instead of 2 months notice period as per the agreement. And I want to inform you here that agreement is not renewed from past 2 years. Is there any chance of asking for tenant to leave the house before 2 months and in a week of time ? Pleas advice ASAP.
09 Sep, 2016 | 18:40

How much is the rent that is paid by the tenant? In case you are governed by the Rent Control Act, you can only evict upon certain grounds as mentioned in the Act. The Act also provides for immediate recovery of possession in certain cases. In case you are not governed by the Rent Control Act, the eviction will have to take place in terms of the Transfer of Property Act. Under Section 106 of the Act, you can serve a two weeks notice claiming that in the absence of the contract, the lease was from month to month and has been terminated by you.

Asker 09 Sep, 2016 | 18:56

I didn't understand your answer. Firstly rent paid is 11000 per month and last agreement prepared was 2 years back and not renewed by the tenant also . And what is the rent control act ? And I am the owner of the property and I want my tenant to vacate due to the nuisance of the family.

Tushar Gupta 12 Sep, 2016 | 16:37

Further details clarifies the issue. Your case will be determined as per the Transfer of Property Act. You should send a legal notice with a 2 weeks time period asking the tenants to vacate as the lease has expired.


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