• Age old tenant not paying rent and not evacuating premises

My grandfather has rented one section of the house 60 years back with 1 rupee a day as rent. Tenant financial condition was poor at that time.
Now they are well settled and have two houses in their name. Still their younger son is not evacuating property.
1. They have stopped paying rents say 10 years ago, when asked for rent.(Even we have not bothered about collection during these years)
2. They have well renovated the block with all the modern amenities without our permission.
3. Our family members are increased now and we want that block to be used for living purpose. 
4. Since property is located in middle of the city, they are asking for huge amount, near to half of the property price to evacuate the house.
5. Property age is around 80 years now and we can not construct floors in that property to meet our needs. 
6. Their intention is that we forcefully sell the house and give them the money they are asking.
Pls suggest on evacuation of the property at the earliest.
Is there any low which protect the landlord interest from these kind of greedy tenants who just want to occupy the others legal property???
Pls help us.
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

1) since tenant has carried out alterations in the premises without your consent it is ground for eviction

2) similarly if he has not paid rent for 10 years it is ground for eviction

3) issue legal notice to tenant to vacate premises for non payment of rent , carrying out alterations in premises . without your consent and that premises are required for personal use

4) file suit for eviction on grounds of non payment of rent , carrying out alterations without your consent and that you require premises for personal use

Ajay Sethi
Advocate, Mumbai
99692 Answers
8134 Consultations

1. Default in paying the rent is a ground for eviction. So file a petition for eviction before the rent controller.

2. Eviction will not be ordered at the drop of a hat though as the court will issue summons to the tenant to contest the petition if the leave to defend is granted.

Ashish Davessar
Advocate, Jaipur
30840 Answers
980 Consultations

1.Arrears of rent is a ground for eviction.

2. However on demand of rent if the rent is paid then this ground of eviction goes.

3.However if you take the ground of bona fide requirement of the premises for your own use then it is a good ground for eviction.

4. the fact that they have their own place of residence helps your case further.

So file a suit for eviction asap.

Devajyoti Barman
Advocate, Kolkata
23640 Answers
535 Consultations

Send a legal notice to the tenant for eviction. If that does not helps, file a suit for eviction under the Rent Control Act on the ground that you need the premises for personal use. Take additional pleadings that alterations have been carried out in your property without taking any prior permission from you and you also have not been paid any rent for the past 10 years.

Vibhanshu Srivastava
Advocate, Lucknow
9759 Answers
322 Consultations

Sir, you can file a eviction petition in court and along with it you can also file an application to recover the rent from its due date with interest .. There is no way that they can evade from paying the rent..the petition will be filed in your city district court..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Hello,

One of ground for termination part from non payment of rent is that the tenant has modified the structure of the tenant,

you will have to send a legal notice for eviction to the tenant and even then if the premises is not vacated you can file a suit for eviction on the ground of non payment of rent, on the ground of modification of the premises amongst the others.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

Landlord can seek eviction for the following bonafide reasons:

1. The landlord needs the premises for her/his own occupation or for occupation of her/his family members.

2. Genuine need of the property for performing certain repairs that cannot be performed unless the premises are cleared. The tenant will have the right to enter the premises once the repairs are done.

3. The premises are to be demolished for construction of another building.

4. Non-payment of the agreed rent amount for a period exceeding 15 days after the rent was due, and such non-payment was willful;

5. Sub-letting the house without the written consent of the owner;

6. Using of premises for purposes other than what was agreed for and mentioned in the rental agreement;

7. Commission of any act that results in loss of utility or value of the property;

8. Use of the premises for any purpose that is considered to be illegal or immoral by law;

9. Created nuisance in the neighbourhood and the neighbours have confirmed in writing that the further living of the tenant is objectionable to them;

10. Occupation of another premises for more than four months in a different state or region;

Issue legal notice to tenant to vacate premises for nonpayment of rent, carrying out alterations in premises without your consent and that premises are required for personal use

Ajay N S
Advocate, Ernakulam
4121 Answers
114 Consultations

The default in rental payment.

Own use

No increase in rent for decades

Old dilapidated condition

The above are some strong reasons for eviction suit.

You may first issue a legal notice to vacate the premises, if there is no reply or response, you may proceed with eviction suit.

T Kalaiselvan
Advocate, Vellore
89894 Answers
2487 Consultations

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