1) if relatives do not vacate licensor would charge you penal rent
2) file eviction suit against you to obtain possession of the premises
3) convince your relative to vacate the premises
Termination of tenancy
There is agreement between licensor and licensee for residential premises for the period of 11 months. property situated in Thane. Agreement entered into between them on 12/04/2017 and ending on 11/03/2018. After registration of the agreement the licensee put his relative in the Licensed premises by informing the licensor orally to which the licensor had no any problem. At present licensee's relative is residing in the licensed premises. However now there is some disputed arose between licensee and his relatives who are actually in possession of licensed property. Now apprehension is that the relatives of licensee may not vacate the premises after completion of agreement period. Thus what would be recourse to the licensee in this scenario if licensor is asking the licensed premises back after completion of agreement period.
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
My question is. are you payed all remuneration of that property or not ? If you pay all payments of 11 months. You have right to ask to the real owner of the premises. What's going on it. vacate the my leased premises.otherwise pay back my remaining amount
Ok. Thank you Advocate Ajay Sethi. However the point is relation between licensee and his relative are gradually worsen so no scope of any conversation. Rather, that relative may intentionally harass licensee by not vacating the premises. And Licensee will have to bear the penal consequences from licensor. Hence what licensee can do in this situation? Else Licensee will have to pay for his act done in good faith. (He allowed his relative to reside in licensed premises considering urgency prayed by that relative at that material time.. )
Asked 6 years ago
1. Just issue a legal notice to both of them for violation of terms of rent agreement and ask them to vacate.
2. If they do not budge then approach the Court for eviction on the ground of sub-letting.
Relative has no agreement signed with the licensor
Legal notice can be issued to licencee to vacate premises as he is mere trespasser
Offer to pay for the legal expenses incurred by licensor
You can file civil suit against the real owner of the premises. For breach of agreement.trust
Licensee only be in the flat but not his relative you can vacate him any time sub lease is not valid
1. The leave and license agreement is between the licensor and licensee. So if the relatives of the licensee do not vacate after the expiry of the agreement then the licensor will be entitled to seek penal rent from you. So the licensee must issue a lawyer's notice to his relatives to vacate the property.
2. The licensee and his relatives will be jointly liable to compensate the licensor.
1. It was not a prudent step on the part of the licensor as well as the licensee to allow the relative of the licensee on verbal request.
2. However, the licensee should negotiate with the licensor and issue him a letter returning the possession of the said licensed premises on expiry of the license period without mentioning any thing about his relative's occupying the said premises since as per record, the licensee is authorised to and has occupied the said licensed premise.
3. n the appointed day, the licensee should take out all the articles of his relative from the premises occupied by him (officially).
4. Once the premises is vacated by the licensee by removing the articles placed in his licensed premises, his relative shall have no ground to agitate legally.
5. The removal of the articles shall have to be conducted very swiftly before the relative can lodge a police complaint.
1. The license to stay in the said premises has been given to the licensee.
2.There is no trace of his relative in any of the legal documents executed by and between the licensor and the licensee.
3. The licensee should arrange to remove the articles/goods of his relative fast from the said premise and hand over back the possession of the said premise and once evicted, the relative will not be able to take any fruitful action legally for want of any agreement with him establishing his claim to take possession of the said premises.
The licencee is alone responsible for vacating the premises on expiration of the licence agreement and deliver vacant possession of the property to the licensor.
The licencor can initiate action for eviction against the licencee only and not the person who is physically occupying the premises.
In fact the licensor can issue legal notice to the licencee even now for having sub let the premises illegally to a third person which is breach of condition hence to vacate the premises immediately.
The steps taken now will enable the licensor to take possession of his preemies by due date easily.
The licencee can initiate steps against his relative to remove him out of the premises on the pretext that the relative is taking undue advantage to occupy the place in which he was allowed to stay for few days and now is stubborn to not to vacate the same.
The licensee is however responsible for any legal action initiated by the licencor in this regard.
Let the period completed, in the meantime can issue legal notice, compulsory eviction and no intention for renewal.
