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Tenant not vacating no rental agreement

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Tenant not vacating no rental agreement

Last updated: May 4 2014
29 | Posts
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  • #11

    #11

    Re : Tenant not vacating no rental agreement

    Originally posted by varunverma View Post
    Hi All,

    I have a tenant who is not vacating even after we verbally told him to do that 8 months back. We had given him a rental agreement to sign which he told that he had lost and forgot to get a new one done.
    The tenant pays the rent late and also has not paid electricity bills for past few months in event of which the electricity board had cut the electricity and he then forged and did some wrong connections which we forced him to remove.
    My marriage is in two months and we need the house for relatives and later for personal use. What should be done to get things moving soon.
    I think i am in a mess now but there should be some intelligent way to fix it.
    Please help

    Thanks in advance
    Varun
    The intention of the tenant is not good from the very beginning otherwise he should have signed the lease agreement with you. You are also at fault that you are renting your property and never bother to and forget to get a new one done.
    First try to convience him, you are the owner and will get this vacant at any cost and those actions may harm both of you but you being the owner has to take those actions which may spoils your relations with him, better he understand and be gentle enoguh and if he still feels he will not vacate the house. Then last option is hire a good lawyer, send him a legal notice mentioning he has not paid any amount since last many months which you can prove as I dont think you have issued him any rent recipt and mention as many other criminal codes as you can.
    Meanwhile take other measures as suggested by other members here but finally there is no option than to fight a court case.
    To make the things easier, first of all before giving flat on rent, always try to get registered rent agreement , though it involves some court fee but tenant will never think of breaching the contract.

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    • #12

      #12

      Re : Tenant not vacating no rental agreement

      people give house worth crores and dotn get agreement to save 5-10k
      Crazy

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      • #13

        #13

        Re : Tenant not vacating no rental agreement

        Croes spent to acquire a flat is one time.What people try and curtail are recurring expenses which reduce their returns from rented property.Registration is a few thousands,followed by higher property tax for rented property,IT on rent received,Under the tablke charges for police verification ,extra charges by society for rented premises.
        All these expenditures reduce returns and are recurring.
        People sometimes get tempted to cut and suffer from consequences of a tenant refusing to vacate.It is hard luck for owner.Now legal way is the way out.

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        • #14

          #14

          Re : Tenant not vacating no rental agreement

          how easy is to get tenat vacated from court if u have registered agreenbt

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          • #15

            #15

            Re : Tenant not vacating no rental agreement

            Nothing is easy in our judicial system.But at least you have the legal format ready and you have followed laid down rules which help you get relief from courts.

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            • #16

              #16

              Re : Tenant not vacating no rental agreement

              Originally posted by CFA_aspirant View Post
              how easy is to get tenat vacated from court if u have registered agreenbt
              In delhi we generally make 11 months unregistered agreement on Rs100 stamp paper..Is it not sufficient.

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              • #17

                #17

                Re : Tenant not vacating no rental agreement

                unregistered agreement

                Originally posted by Harikrishan View Post
                In delhi we generally make 11 months unregistered agreement on Rs100 stamp paper..Is it not sufficient.
                No.

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                • #18

                  #18

                  Re : Tenant not vacating no rental agreement

                  Effective rent-clause

                  1) is registration necessary for 'rent agreement'?
                  2) can owner add following clause in rent-agreement?
                  "if tenant continue to be tenant of the property after expiry of this rent-agreement(of 11 months) than it would be presumed that the tenant agrees to increase rent by 25% EACH YEAR on PREVAILING RENT."

                  I do not have knowledge to draft legal document. please redraft the language. in my opinion getting property vacated is tooooooo difficult. but it is easy to claim enhanced rent through court. on Ist date court would ask tenant to deposit enhanced rent in court till final judgement. rent as per this clause would come as:
                  Ist year= 100; 2nd year = 125; 3rd year = 156.25 ; 4th year = 195.25; so on

                  compounding increase in rent would force tenant to vacate home instead of fighting case.

                  I do not have knowledge of law. this is my simple suggestion. comments please!!!!!!!!!!

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                  • #19

                    #19

                    Re : Tenant not vacating no rental agreement

                    o yar 25% inc koi hota hai had hai

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                    • #20

                      #20

                      Re : Tenant not vacating no rental agreement

                      Originally posted by CFA_aspirant View Post
                      o yar 25% inc koi hota hai had hai
                      What do you suggest, than?

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