• Regarding vacating my property by tenant

I have an apartment in Guwahati rented to a person of debatable nature since one year. The apartment was under a notarised agreement duration of which got over in 31-1-25. He verbally abused me a month ago when I wanted to renew the agreement. He even went to the extent to say "You can't do a thing if I don't vacate!"
1. What happens if the agreement is not renewed and he continues to stay without a mutual agreement?
2. Can I serve a notice to him to vacate and if so, how much time to give him?
3. What complications can he cause?
4. I do not want to lease the property to him any longer. What are the step by step actions should I take?
Asked 5 days ago in Property Law
Religion: Hindu

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6 Answers

1.As per law , in the absence of a written rent agreement , the tenancy is termed as month to month basis, and the tenant is under obligation to pay the rent regularly , and the landlord has legal right to vacate the tenant if not paid.

2. Yes, you can serve a legal notice to the said tenant on the ground of bad behavior and due to expiration of the agreement. 

- Further , if not vacated then file an eviction suit before the Court 

3.  The Court case may take time 

4. Terminate the tenancy on the reasonable ground ,

Mohammed Shahzad
Advocate, Delhi
14881 Answers
225 Consultations

1) issue legal notice to vacate premises within period of one month of receipt of notice 

 

2) if he fails to vacate file suit for eviction 

Ajay Sethi
Advocate, Mumbai
97782 Answers
7922 Consultations

You serve it a notice of eviction if he doesn’t evict you can file eviction suit and evict him you will get the rent of period he illegally possessed your house 

Prashant Nayak
Advocate, Mumbai
33071 Answers
215 Consultations

1. You issue a legal notice to him informing that the rental agreement stands terminated due to non renewal and he is instructed to vacate the premises within a month.

2. Yes, issue a notice to vacate giving one month time.

3. He may not comply with the demands made hence you can proceed legally.

4. You may have to file an eviction suit. 

T Kalaiselvan
Advocate, Vellore
87984 Answers
2369 Consultations

There is new Act, ASSAM TENANCY ACT, 2021 governing rights  and liabilities of landlord  and tenant.

  1. Under the agreement  a tenant cannot lease any property without there being tenancy agreement. Such agreement  is as per the  form given in First Schedule of the  
  2. Draft a rent agreement as per the  form given First Schedule.
  3. You can decide any amount of rent you want in the agreement, there is no restriction on the  amount of rent.   
  4. There is no fixed duration of agreement you can limit the  duration to any extent, even it can be for three months.   
  5. Serve the agreement  on the  tenant through post. If he fails to agreement  to your terms, submit the  agreement  to the Rent Authority appointed under the  Act by Commissioner of the District.  
  6. Such rent agreement will be binding on the   Your rent agreement will be uploaded on the website of Rent Authority.   
  7. If the tenant fails to observe the  terms, you can seek his immediate eviction by submitting a petition to Rent Authority.
  8. The order is Rent Authority is binding on the  
  9. You will entitled to recover all the arrears of rent with interest.

Ravi Shinde
Advocate, Hyderabad
4555 Answers
42 Consultations

Dear Client,

 

Since your notarized rental agreement has expired on [deleted] and your tenant is being abusive and notvacating, you should act fast and go for legal action to prevent trouble. Here's what you must do:

 

1. What If the Agreement Is Not Renewed and the Tenant StillRemains?

Once the agreement expires, the tenant is an unauthorized occupant and has no basis in law to remain.

If rent is accepted after expiry, he canassert tenancy rights and eviction becomes complicated.

2. Can You Issue a Notice to Vacate? How Much Time Must You Provide?

Yes, you can issue a lawful notice of eviction under the Assam Urban Areas Tenancy Act, 2015, allowing 15 to 30 days' time for departure.

Make sure the notice is issued byregistered post with acknowledgment and a copy is pasted on his door for record.

3. What Kind of Troubles Can the Tenant Cause?

Refuse to vacate & assert tenant rights, leading to a prolonged legal battle.

File a fake harassment complaint to delay eviction.

Damage the property in revenge.

Refuse to pay rent but stay on the premises, leading to money loss.

4. Step-by-Step Steps to Evict the Tenant

Step 1: Issue a Legal Notice

 

Draft a legal notice of eviction with:

Agreement expired on [deleted].

No renewal was agreed uponmutually.

He is required to vacate within 15-30 days or legal action will be taken.

Send it by registered post and email (if available).

Step 2: File an Eviction Suit (If Tenant Refuses to Vacate)

 

After the notice period has lapsed, file an eviction suit in the local civil court under:

Illegal possession (trespassing) after the expiry of the agreement.

Verbal abuse & misbehavior as grounds for harassment.

Step 3: Police Complaint (If Tenant Turns Violent)

 

If he threatens, abuses, or damages property, lodge a police complaint for criminal intimidation under Section 506 IPC.

Step 4: Disconnect Services & Stop Accepting Rent

 

If utilities (water/electricity) are in your name, disconnect service aftereviction notice period is complete.

Do not accept any rent, as it canextend tenancy claims.

Final Advice

Act quickly by serving a legal notice to stop him from claiming long-term tenancy rights.

If he does not leave, file an eviction suit immediately in court.

If he harasses or threatens you, file a police complaint for protection.

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

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