Hello sir , a simple notice of intimation to vacate the premises , has to be served upon the tenants .. Since the termination of agreement is in January it is advisable to serve the notice at the earliest .. You can meet me at my office in Gurgaon , to proceed further ..thanks

Issue licencee notice to vacate the flat on expiry of the leave and licence flat

2) mention that term of agreement expires on 12 th January 2018 and you intend to move on the flat on expiry of the agreement

3) if he refuses file eviction suit against the tenant

1. If you want him to vacate the tenanted premises, do not renew the tenancy agreement if proposed by him.

2. Send him a letter asking him to vacate the tenanted premises after expiry of the tenancy agreement on the ground that you require the said premises for your own use for dwelling purpose.

3. Engage a local lawyer having expertise in dealing with tenancy cases since tenancy cases are special cases which runs for years before being disposed of.

1. Unless there is material breach of any terms of the tenancy agreement , the tenancy can not be terminated beofre the efflux of time.

2.Now if after expiry of time the tenant refuses to surrender tenancy ,the same is a ground for eviction.

3.On that event you will have to give him a notice of one month for eviction on the grounds of efflux of time and your bona fide need of the premises.

4. Unless and unless the tenant voluntarily quits the tenanted premises the process is never a smooth one as eviction suit often supasses time of several years.

Best of luck.

okay, tell him once more that you are serious that he should vacate, as per the agreement, give the reason why you want him to vacate. its better that he leaves on good terms.

otherwise as per rent agreement you may serve him notice if he do not vacate.

Hello,

1) Of the contract/tenancy is not renewed at the expiry of the current term in January, the tenancy ceases to be valid and the tenant is liable to vacate and handover peaceful possession to the landlord.

2) As you have information about his unwillingness to vacate the premises you can send him a written intimation/ notice to vacate on completion of the term citing your need to have possession and intention not to renew the tenancy.

3) If he refuses to vacate still at the end of the term you will need to get a legal notice issued to the tenant seeking vacant possession. A local lawyer can assist you in this.

For smooth exit of him you may request him to vacate it otherwise give him notice

Firstly, you need to note one thing that it is now very usual that tenants are not getting ready to vacate the property.

Secondly, but if the rent amount is above 3500 per month then no need to worry about it.

Thirdly, you will have to give him a notice under section 107 of Transfer of Property Act, after which they will have to vacate within 15 days time.

Fourthly, give them a mail, wats app or message if they happen to not to accept notice.

Fifthly and lastly, still if they don't then you will have to move before the court which would take them 6 months to vacate but after paying all your dues including rent for those 6 months also.

Good Luck...!

Can contact for further help...!

Hello,

If there has been no tussle between you two for so long and if he is ready to vacate by feb 2018 then I do not think sonthat there is any point to initiate legal proceedings.

Yes whats app messages do act as evidence if later case is to be filed

If he does not vacate after the said time then you may send the notice under section 106 of Transfer of Property Act for eviction of the tenant.

Regards

1) inform tenant in advance to vacate premises

2) if tenant wants one month time then enter into leave and licence agreement for one month

3) emails are admissible in evidence

4) amicable settlement is best option

5) dont be over aggressive

1. Notice to vacate can be given only if he does not vacate the premises after the termination of tenancy. You cannot preempt illegal possession by him.

2. If he is seeking more time then you should accede to his request more so because you say he has been an 'excellent one'. Excellent tenants are difficult to find as most of the tenants either do not pay rent on time or do not pay it at all. Furthermore, if you file a case for his eviction it will take at least 2 years for it to be decided. Thereafter, if the tenant decides to challenge the judgment in the higher courts, rest assured there is no way you can get the premises before 5 years.

3. You can accede to his request through an email.

Yes, a wats app message is acceptable before the judge.

Yes, you should wait for the tenancy to get over.

Just before 20 days of expiry mail them, wats app them, and in writing from a lawyer.

And do not get agreed to them for the extension of time unless given by them in writing.

1. yes

2.Fo not make any fresh agreement.Let it be in verbal only.

3.Yes ,resolve the impasse amicably.

4. Eviction notice has to be sent in writing only.You may though send email and letter expressing your intention not to renew the tenancy beyond the stipulated time.

Hi

Going by the tone & tenor of both of you (you and your tenant), it is clear that your terms are good.

In order to maintain cordial relations, you may talk to him diplomatically and seek for vacating the premises and handover the same to you.

However, the T&C of your agreement will have certain bearing on the issue.

Peruse the same before taking a call. Your seeking of premises back should be in line with the T&C of Agreement.

The details shared by you under head "More Details" clearly shows that you have intimated to him about your intentions.

In reply to your query No.1 to 4, you make it clear in your notice that, by such date you demand him to vacate and handover the premises to you.

You need not create new agreement in the present context.

To keep your record clean and straight, you issue a notice to your tenant through your local Advocate, referring to your earlier communication also.

Further, your present notice shall be clear pertaining to your intentions of terminating the tenancy and also seeking the vacant possession of the same. The same shall be in line with the T&C of your agreement.

Your local Advocate will be able to give further details.

Good Luck.

Hi, If you want to safeguard yourself legally , a legal notice for intimation if vacating the flat is must .. If he has asked for a extra month then it is advisable to make a new agreement..

1. Send him notice before the tenancy agreement ends asking him to vacate the premises on the date of expiry of the said agreement.

2. First of all get a letter from him giving you back the possession of the rented premises on the day of expiry of the agreement.

3. Thereafter get a fresh leave and license agreement signed by both of you licensing him to stay for one month only i.e. for the month of Feb'18.

4. Take the rent from 12.01.2018 till 31.01.2018 in cash without giving any rent receipt to him.

5. It should be shown as he had left your premises on 12.01.2018 and then has taken the premises on the basis of leave and license agreement for one month only.

Yes whatsapp message , emails are accepted legally. It depends on you how sooner you want you flat vacate. If he is ready to vacate in the end of feb amd if no urgency is there, grant him the extension, keep everything in wroting, and also tell that you wont extend the date further. If he doesnt vacate after end of feb 2018 you can send legal notice

1. Should I wait for the current tenancy to expire on its natural time before giving the notice?

Ans: No it is not so.

2. The tenant is asking for more time to vacate (end of Feb 2018). Should I agree to it to without creating a new 1 month contract by writing it in an email that its ok to vacate by the end?

Ans: You may extend by one month in writing on a Rs.two hundred stamp paper.

3. In such cases it seems there is a general consensus to try getting the property vacated without creating friction, the tenant has been good so far in all aspects, so should I not be over aggressive and accept feb vacating date without compromising my legal status?

Ans: It is left to your decision

4. I have emailed the tenant this in writing and he hasnt responded. So is a what's app message acceptable legally?

Ans: Yes it is acceptable.

Legal Notice to Vacate Property under Section 106 format

Dated: To __________________ Dear Sirs, Re: _______________________________________________ Our Client: ______________________________________ Under instructions received from and on behalf of our client above named, we do hereby address you as follows. 1. The ______________________of the ______ Floor of _________________________ measuring _______sq. ft. has been let out to you for commercial use. You are holding the said ______________ …

On the basis of the rental agreement, you may issue a notice to the tenant instructing him to vacate the rented premises on the date of expiration of the current rental agreement and deliver vacant possession on the dot date.

It may also be specified that failing to vacate the rented premises on the date of expiration of the rental agreement, the tenant shall be liable to pay penalty of Rs..... per day from the date of expiration of the rental agreement till the date delivering the vacant possession of the rented premises, besides facing legal consequences upon an eviction suit which may be instituted against him for the lapse.

You may consult a local advocate and proceed on the advises rendered on all such further issues.

1. Should I wait for the current tenancy to expire on its natural time before giving the notice?

Though it may not be mandatory to issue a legal notice instructing the tenant to vacate the premises on the date of expiration of the rental agreement, to be on the safer side, you may issue a legal notice by registered post to the tenant at least 10 days in advance

2. The tenant is asking for more time to vacate (end of Feb 2018). Should I agree to it to without creating a new 1 month contract by writing it in an email that its ok to vacate by feb end?

You can extend the tenancy by one month and the same may be in writing by endorsing the same at the backside of the rental agreement with witnesses attesting the signatures of both the parties.

3. In such cases it seems there is a general consensus to try getting the property vacated without creating friction, the tenant has been good so far in all aspects, so should I not be over aggressive and accept feb vacating date without compromising my legal status?

It depends on the prevailing circumstances in your side.

You may judiciously decide on this.

4. I have emailed the tenant this in writing and he hasnt responded. So is a what's app message acceptable legally?

It is advised that better communicate the matter in writing and despatch the same by a registered post so as to create a record or evidence for all future purposes.

Yes, You need to wait for current tenancy to expire on its natural time

To giving him more time its between you and your tenant agreement. Better advice can be given you only after have detail discussion with you. For further discussion & information about your case feel free contact me

Regards

Adv. Vikas Pandey