I had purchased half share of my ancestors house which was undivided between me n cousin brother since partition nw our old tenants are creating problems they objects any thing i do to furnish our premises or my occupied area in my premises now days one tenant is not paying me rent n started paying in rent control by last 4yr even i told him to increase 10% bt he refused his neighbor is also paying in rent control from 6yr bt nw i had send them legal notice for dues n trespassing, illegal alteration for said rooms they also replied individually by their lawyers stating that whatever i claiming is nonsense n i want to reconstruct my premises dats y i m disturbing dem for dat i refused to take money order too n m trying to evict my house through anti social activist n i will be responsible for everything happens to dem afterword plz suggest me what to do as my family forcing me to sell this property bt i dnt wanna sell n i want maintain it beautifully n if they want to stay n agree to pay good amount rent including maintenance m Happy with bt if they dnt wanna pay for what they r using then i want evict them plz suggest me good lawyer who takes case as per contracts coz i want as soon as possible
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1. The tenants are liable for eviction if they are defaulters of rent.
2.they are also liable for eviction if the premises is required for reconstruction.
3.SO on these grounds you can send them eviction notice and once that is sent you can file eviction suit.
4. Meet a local lawyer and file the suit accordingly.
You can contact Mr Barman or Mr Ganguly from Kolkata
2) you have to file eviction suit if unauthorised alterations have been made by your tenants
The matter should have been handled properly from the beginning which appears to have slipped out of your hands.
In fact you can take up the matter even now through an experienced advocate, you may have to look for one yourself.
1. Tenancy Act has grossly been misused by most of the tenants of West Bengal.
2. Since you have already issued them legal notice, you should now file the eviction suit against them.
3. Eviction suit will take years to be disposed of for which you shall have to be mentally and financially prepared.
4. Probably. because of the above reason, your family is forcing you to sell of the property.
Eviction is not my priority i wanna know is der is any act through which i can update my rent as per market value of place n if they dnt wanna pay new rent den only i want to evict dem, nw m only owener bt dis is huf property n since i had taken other half portion i started charging them 20%corporation tax n 10% maintenance bt no increment of rent & rest of tenants started paying rent 50%30% mutually bt this two tenants have no intention to increase rent only for dat they started Paying @rent control nw suggest me from whr to start n how??
If you don't want to terminate the tenancy by eviction, you file a petition seeking fixation of fair rent before the rent control court.
Check rent control act of your state
There must be provisions for permitted increase of rent
There is generally provision for increase on rent by five percent every 3 years
since they are tenants for number of years they would be protected tenants
you would not be able to recover market rent from these tenants
1. As per last amended Tenancy Act, the tenants shall have to pay the reasonable/fair rent.
2. However, the said reasonable rent fixed by the Govt. is also highly unacceptable in comparison to the market rate of the tenancy at your area.
3. Your suit claiming fare rent will take ages to be disposed of and after getting the Court order you shall find that the revised rent fixed by the Court is negligible in comparison to the rent prevailing in your area for similar category of premises.
4.So, it will be financially prudent on your part to sell off the said property to the developer who will be able to evict those tenants in ways which may not be termed as lawful.