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Questions by Emails


Tenant sublet the shop room to unidentified person without consent of landlord

Detailed Question

I am residing in Howrah, West bengal. Our tenant sublet shop room to an unidentified person without our consent.Even the tenant did not pay any rent to us since last 10years and defaulted in payment of rent. The current occupier is doing business in the name of our defaulted tenant. What legal action should we take now


1) Replied By - Advocate Minansu Bhadra on 29th Jul 2017 ( Total Replies - 168, Total points - 1718 )
Advocates Reply - Send a legal notice to the tenant calling him to quit and vacate the room, failing which you can file suit for eviction in civil court on reasonable requirement ground.

M.Bhadra, advocate at Kolkata 9836589246

2) Replied By - Advocate Prabhat Shroff on 27th Jul 2017 ( Total Replies - 49, Total points - 699 )
Advocates Reply - A legal notice of eviction may be filed on grounds of default in payment of rent and sub-letting, to the tenant giving 30 clear days time to vacate; in default, an eviction suit may be filed in the court of competent jurisdiction.

Another legal notice may also be given to the trespasser.

3) Replied By - Advocate Uttam Tibrewal on 27th Jul 2017 ( Total Replies - 140, Total points - 1044 )
Advocates Reply - Dear client..........

you need to immediately issue a legal notice

and then after file a eviction suit .......

for any query or help feel free to reply back or contact me

with regards

Adv Uttam tibrewal

4) Replied By - Advocate Rajeev Vadrali on 27th Jul 2017 ( Total Replies - 132, Total points - 858 )
Advocates Reply - Immediately you file a suit for possession after issuing a notice u/s 108 of transfer of property act. He is sub tenent, he has not relation of tenent with you.

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