How to Retrieve a Rented Property?

Various reasons are justifying a return of housing by its owner. Personal and legitimate reasons may explain this recovery. However, the restoration of a home by its owner can be a real obstacle course. Thus, it is essential for the homeowner to comply with current regulations and deadlines to recover his property legally. So how to recover rented housing?

The leave to take back rented accommodation concerns the requisition of the dwelling to occupy it or renting it to a relative. The owner can thus recover his housing to settle there permanently, provisionally or to rent it to a relative (spouse, descendant, and partner). He must, for this, notify his tenant six months before the end of the lease. Registered letter with acknowledgment of receipt must send written notification. The owner can also choose to be supported by a bailiff. The latter will forward the information to the tenant.

Leave for sale

Leave for sale may occur when the owner wishes to recover his rented property in Noida from selling it. As for a recovery project, the sale leave must be notified by registered letter with acknowledgment of receipt. The owner must send this mail six months before the end of the lease. The letter must mention the intention to sell and must specify the selling price. The current tenant of the dwelling has a right of priority. This means that if he wants to buy the house and make a proposal, he will have preference over all the other offers (according to his suggestion).

Leave for “serious and legitimate” reasons

The landlord can claim his housing as “serious and legitimate” reasons. The definition of these reasons is left to the appreciation of justice. However, certain acts such as non-payment of rent, non-compliance with the rental contract, undeclared subletting or nuisances in the neighborhood fall directly within this framework. In the event of serious shortcomings, the owner can, therefore, assert the leave for reasons “serious and legitimate” to recover his property.

As an example, there are severe and legitimate reasons:

  • Nonpayment of rent and charges
  • Repeated delays in the payment of rents.
  • Undeclared and unauthorized subletting.
  • Nuisances in the neighborhood.
  • Significant degradation of leased premises
  • Change of destination of the leased premises.

Also, an owner can request his rented properties in Gurgaon to carry out significant renovations or an expansion of the home. If the landlord feels that he has to renovate his property by carrying out heavy work, thus preventing any life in the dwelling, he can put forward the pressing reason for his recovery.

What to do if the tenant refuses?

In some cases, the tenant may refuse the leave, either because he finds it unreasonable or because he has not found another home. In this case, he decides to stay in the dwelling beyond the end of the lease. The owner is then entitled to apply to the magistrate (from the place of residence) to enforce the leave and evict the tenant. It can be removed overnight without further notice. He will have to find another home by his means, in the private or public network.

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