landlord have legal right to get vacated his/her property from the tenant #Advocateyogeshaggarwal #landlordrights #specificreliefact #civilcourt #suitforpossession #recoveryofpossession #specificreliefact #adversepossession #securityofrent #rentagreement #EvictionSuit #tenantrights
In urban area almost 40% of the population resides in tenanted property and number of people to increase their passive income let-out their property to others and sometimes tenant deny to vacate the property
To know the legal right of landlord, first of all we should know what things we remember before letting out our property are :-
Landlord should have valid title document in his/her favor, in case he/she doesn’t have valid title document then he/she should avoid letting out such property.
Before letting out the property, landlord should have to execute registered rent agreement with the tenant. Term and condition should be describe in proper manner in the rent agreement like Rent Amount, Duration, Security amount, Notice period etc.
Whenever rent agreement expired, landlord should have renewed the same at immediate effect.
Landlord should have to inspect his/her property in regular interval.
Now what the reason, when landlord can go for legal action to take possession of his/her property
When tenant is not paying rent from last three to four months?
When tenant damaged the property?
When tenant make changes or construct the property?
When tenant sublet the tenanted property?
When tenant is using the property for different purpose?
When the tenant has a employee and employer relation and employment is going to finish?
When landlord wants to reconstruct the property?
Legal process
In the legal process, first of all landlord should have valid reason to get vacate the property from the tenant. If landlord have a valid reason then he/she have to send a legal notice to the tenant for demanding the recovery of possession from him/her. Thereafter landlord can approach the court of law in provision of section 5, specific relief act for getting a recovery of immovable property. Procedure would be followed as per civil code procedure of India. Limitation in such kind of cases is twelve years form the date of last cause of action.
Yogesh Aggarwal - Advocate | Public Affairs Analyst | Right Activist | Public Speaker
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