you cannot take forcible possession of your property if tenant is not vacating the premises
2) you have to follow due process of law file eviction suit against the tenant
Forceful possession of my commercial property as my tenant is not vacating on license expiration
Please advise on smart ways of taking forceful possession of my commercial property as my tenant is not vacating the premises even on license expiry and making false promises for the last 4 months. I want to personally use my property for my business very urgently but I am unable to use the same as the tenant is not vacating even after the expiration of leave and license agreement last month. Tenant has made the agreement in the name of his pvt. ltd firm.
Asked 4 months ago in Property Law
Religion: Hindu
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7 Answers
Start by serving a formal legal notice to the tenant, clearly stating that the leave and license agreement has expired, and demanding that the premises be vacated immediately. Mention the specific period you are allowing them to vacate, typically 15-30 days. This notice will serve as a formal record of your demand and will be crucial if the matter escalates.
You may not be able to vacate the tenant by force, you have to follow the due process of law.
If the tenant is making a complaint for using force on him then you may be held for criminal offence and consequences thereon.
The process in court under L&L cases are faster than the other rent control eviction cases.
- The owner has to follow the legal route.
- You may first send a legal notice to the tenant through any lawyer of your choice.
- If the above does not work, you may knock the doors of the court, in your case The Small Causes Court of Mumbai.
- You can send a legal notice to the said tenant for the termination of tenancy and to vacate the property
- If not vacated , then you can file an Eviction suit on the ground of bonafide requirement before the Court.
Dear Client,
Send a legal notice through a lawyer to the tenant, demanding immediate possession of the property. Since the leave and license agreement has expired, you have a strong legal ground for eviction. You can file an eviction suit under the Transfer of Property Act, 1882, and local rent control laws applicable in your state. Attempting to physically evict the tenant or changing locks without a court order could result in criminal charges against you. You can claim mesne profits (compensation) for the period during which the tenant has stayed on the property after the expiry of the agreement. This amount is usually higher than the agreed rent and can serve as a deterrent for the tenant to delay vacating the premises. Along with filing the eviction suit, you can apply for an interim injunction. This injunction can prevent the tenant from using the property or making any alterations during the pendency of the suit. Attempting to physically evict the tenant or changing locks without a court order could result in criminal charges against you. Should you require any further clarification, please do not hesitate to contact us.
smart way is to follow the due process of law by filing an eviction suit against the tenant company in the Small Causes Court
whether or not a case in the NCLT Court for insolvency resolution of the tenant company can be filed, needs research. If such a case is maintainable then you can file the petition as an operational creditor
however for seeking recovery possession, only the Small Causes Court would have jurisdiction
