When a lease expires and a tenant refuses to vacate or pay rent it is known as a?

A holdover tenant is a tenant who stays on the property after his or her lease has expired, without the landlord’s explicit permission. A holdover tenant (sometimes incorrectly referred to as a “tenancy at sufferance”) may stay at the property as long as the landlord doesn’t take any specific actions.

How do you vacate a stubborn tenant?

Stage I – Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property.

What happens if a tenant does not vacate?

In both these cases, if the tenant does not vacate, the landlord will have to file a suit for eviction in the district court and get an order,” explains Kumar Mihir, a Supreme Court lawyer. In case the tenant refuses to pay the increased rent after one year, the landlord can ask him to vacate the property.

How do I give notice to tenants to vacate?

A tenant must give at least 21 days’ written notice to end the tenancy unless the landlord agrees to a shorter time. This agreement should be in writing. A landlord must give at least 90 days’ written notice to end the tenancy. Landlords can give less time (at least 42 days’ notice) in some cases.

What can a landlord do if a tenant refuses to vacate?

This offers a layer of security to the landlord in case the tenant refuses to vacate or pay rent. A landlord can ask the tenant to leave if he has completed the tenure as per the lease agreement. Other valid grounds are refusal to pay the rent or indulging in unlawful activities on your property.

Is it an offence to ignore a tenant in India?

Ignoring this step is a punishable offence under Section 188 of the Indian Penal Code. In Delhi alone, 49 cases were registered in July 2013 against errant property owners and their tenants. The landlord simply needs to fill in the details of the tenant in the police verification form (available online in several states).

What happens if a tenant does not pay rent for months?

If that time passes without any word or payment from the tenant, you can move on to file for eviction. If your tenant has not paid rent by the required time for the pay or quit notice, it is time for you to move on to filing for eviction with the court system.

What to do if a tenant does not leave the property?

If a tenant does not respond to your notice or leave the property within the allotted amount of time, here’s what you need to do: 1 File for eviction with your local courthouse. 2 Gather evidence. 3 Come to the court hearing to prove your case. 4 Win a writ of possession and have the tenant removed by the sheriff. More