I have a property that has been rented out. In the registered lease deed, its clearly mentioned that both the parties can give a written two months notice for Vacation of/to Vacate the property. Despite of doing so, the Lessee is enjoying the Property for good 24 Months now and case is still pending in the courts. Most often the date you get is after three months. So the Tenant gets a three months extra time to enjoy the property without any disturbance. And at times the Judges get transferred so a fresh argument takes place. The tenant who isn't willing to pay a months rental, will have to pay for good 24 months along with the penalties(which are enormous). I am sure the lessee has plans to flee. I need advice on the following:- 1. What are the courts doing by getting the documents registered and still the two months notice period clause not being followed/respected, and indirectly the tenant is granted more and more time in terms of dates of hearings. 2. Since I am kina sure the Lessee has plans to flee, how can we hold him legally to ensure that he makes the payment.

I have a property that has been rented out. In the registered lease deed, its clearly mentioned that both the parties can give a written two months notice for Vacation of/to Vacate the property. Despite of doing so, the Lessee is enjoying the Property for good 24 Months now and case is still pending in the courts. Most often the date you get is after three months. So the Tenant gets a three months extra time to enjoy the property without any disturbance. And at times the Judges get transferred so a fresh argument takes place. The tenant who isn't willing to pay a months rental, will have to pay for good 24 months along with the penalties(which are enormous). I am sure the lessee has plans to flee.
I need advice on the following:-
1. What are the courts doing by getting the documents registered and still the two months notice period clause not being followed/respected, and indirectly the tenant is granted more and more time in terms of dates of hearings.
2. Since I am kina sure the Lessee has plans to flee, how can we hold him legally to ensure that he makes the payment. more

Helpful Legal Advise and Matters Feb 19

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Amit Sapra

Thanks for all the good advices. I think I shall request the Courts to direct the Defendant to deposit due rental amount along with penalties/mesne profits and continue with the proceedings. Do we have any particular references of section/s under which I may be able to convince the courts that the Defendant has plans to flee and therefore such an action is the need of the hour. more

Feb 20

Vivek Aggarwal

In case the tenant is not paying rent, usually courts direct the tenant to deposit the rent before start of the hearing itself. So your rent will be safe. But in case the tenant is paying rent regularly, than the clause of getting the premises vacated is lot of times misused by Owners also by agreeing to rent out for 2 years and started planning to sell out, and utilize the tenancy for short term. This is misuse by the owners and court favors the tenants. This clause is applicable for justifiable urgent need for self and not for selling the property. more

Feb 20

Dayananda Kamath

If he is not paying rent to you and court is giving him every time 3 months at next hearing you may move an application to the court saying let him pay the rent with interest for delay to court before giving him extension so that even if he flees you get the rent and may force court and tnent to setlle the matter at an early dateenten more

Feb 20

Atanu Mandal

The Courts are actually in a worse condition compared to the Police in our country. The Police is atleast accountable to the Govt and you have a chance to get them moving if you get a responsive Govt (which does not happen often). The legal system in our country has no accountability! It badly needs reforms.... more

Feb 20

Ajay Goyal

All "pucca and bulletproof documents"....... are in the end just documents and worth NOTHING if the judiciary is corrupt (here it means not doing its job properly, in a timely manner, and after passing judgment/order and then enforcing it quickly).... as most agree is the "normal" case.... So what does a law abiding citizen do as the "wheels of justice" slowly grind..... everyone who comes in contact with their "system"..... really.... NOT MUCH.... Unfortunately, it was YOU who decided to rent...... and as you can see this "rental business" is really not always safe, profitable and stress free.... let me wish you all the best and hopefully you will be able to "resolve" this quickly even if you "loose money and rent", which is most likely. Fortunately (thank heavens) he will not be able to "flee" with your fixed asset (apartment) and you will get full ownership.... soon.... all the best..... God Bless.... !!! HERE AGAIN SWACHH BHARAT THAT COVERS EVERYTHING..... NOT JUST KEEPING THE SURROUNDINGS CLEAN...... more

Feb 20

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