Evicting a tenant

perry 10 Mar 2010, 21:15

I have rented out my flat on 11 months lease which has no clause for renewal.

Doesn’t the lease terminate automatically at the end of it? Is it really necessary to send a notice when the lease has no renewal clause? Do I need to have a reason like I want to occupy the property, some work to be done, …… to ask/force a tenant to vacate?

If yes, what should be the format and/or procedure to send such a notice.

5 Replies

Guest 15 Mar 2010, 20:03

wher rent act not applies TP.Act can follows.Live and licence does not create any right.11 monts periodshy away from the law of giving six months notice106 requires lease from month to monthis terminate onpart of either lessor or lesseby giving15 days notice expiring with the end of month of tennancy.

AnonymousLLB 15 Mar 2010, 21:26

Thanks for the response. Would you mind clarifying a bit more.

AGAR AAP BURA NA MANE TO THODA AUR CLEAR KAR DIGIYE.

literati 17 Mar 2010, 17:39

Just to be safe send him a 15 days notice.

AnonymousLLB 18 Mar 2010, 14:20

What if he still does not vacate? Does the tenant has any right to live in the property in case lease has no renewal clause?

Or all rights are with the owner? Normally this should be the case. Otherwise what’s the meaning of a lease if tenant can stay as long as he wants and owner has no right to get the property back.

Well, this is a very general question, but are there no experts in this forum.

literati 24 Mar 2010, 06:16

You need not send the notice.

According to sec 111 of the Transfer of Property Act, the lease automatically terminates at the date of its expiration.

But if 11 months have passed and the tenant is still staying and you are accepting the rent, without any contract, then it would be a case of month by month lease and you will have to send him a notice.

You might want to see this case, its kinda similar to yours: http://indiankanoon.org/doc/278584/

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