Tenant Not Vacanting
Tenant not vacanting
Free Legal Advice - property dispute
Posted by: Manish Kumar
Posted on: 2019-05-13
With respect to your query, the legal opinion is as under:- (1) Under Transfer of Property Act, as amended in Uttar Pradesh, the notice of termination of tenancy is given under section 106 giving thirty days time to tenant to vacate the accommodation (2) So even if in your rent deed the time for termination of tenancy through notice has been fixed to be fifteen days but just to avoid any legal technicality later, better you serve thirty days notice for termination of tenancy. (3) If your tenants are creating nuisance, you can approach to the Police also. (4) However Police cannot get the accommodation vacated but can warn the tenants against creating nuisance. Police can also prosecute the tenants for creating public nuisance (5) You can file civil suit for ejectment of tenant after one month of service notice terminating the tenancy.
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Free Legal Advice - property dispute
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Free Legal Advice - property dispute
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Free Legal Advice - property dispute
I rented first floor to one tenant and ground floor two tenants .First floor tenant was not regular in paying rents. Ground floor tenants are in support of me. Both ground floor tenants were evidence in OS suit.I filled OS suit for eviction in Sept 2015.Rent is due since Aug 2015.During OS suit my advocate told me he will file petition for rent arrears and damages after winning the case. The os suit decreed in favor of me in November 2017 and given time to vacate within 6o days. Tenant did not vacate court ameena went with notice after 60 days but tenant did not care . I filled Execution petition for police aid until now nothing happened other advocate intentionally prolonging with postponements. I told my advocate to file petition to pay rents in court. He submitted petition for the payment of rent. As usual arguments happened in the court other lawyer saying will not pay rents as it was not asked at the time of suit and asking to another 6 months? time to vacate. Neither ready to pay rent nor ready to vacate. Since 3 years not paying rent in justice happening to me. Please advise how can I get justice and kindly advice what section can I demand to pay rents and get police aid. Please suggest me any reference case of such scenario. Your early support highly appreciated in this regard. Thanks Regards
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