How should a legal notice be drafted to evict tenant?
A tenant is selling coffee, tea, and snacks on a piece of land owned by three sons, and the tenant was inducted by two of the sons who jointly own the property. The third son now wishes to evict the tenant, and questions arise regarding the share of rent, the possibility of demolishing the tenant’s shop, and preventing the addition of further tenants. How should a legal notice be drafted to address these issues?
A legal notice to evict the tenant should clearly state that the tenant was allowed to occupy the land without the consent of all co-owners,especially the third son. It should ask the tenant to vacate the land within a specific time, stop adding new tenants, and not make any construction changes like extending or demolishing the shop.The notice should also mention the claim for rent share and warn of legal action if the tenant fails to comply.The purpose is to protect ownership rights and prevent further misuse of the property.
The notice should clearly say that the sender is a co-owner of the property and has never given consent for the tenant to occupy it. Since the tenancy was created without the agreement of all co-owners, it is unauthorized and illegal under property laws. The tenant is required to vacate the premises within a specified time (e.g., 30 days), failing which legal action will be taken for eviction and damages. Should there be a denial in action, legal action will be taken for an injunction.
The third son can send a legal notice to the tenant, saying that they must leave the property because only two sons allowed them to stay. The notice should also mention that the third son has a share in the rent, and the shop may be demolished. Additionally, no new tenants can be added without all owners' permission. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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