Hi, what does your rent agreement say, generally rent agreements have clauses that owner can give one month prior notice to vacate the premises , as per your agreement you can send them notice to vacate and after that if they dont then you can also take police help. I know sc/ st community takes undue advantage just try not to say anything about the cast and proceed legally

First file a criminal complaint against them before they file any for behaviour with mother.

Give notice as they violated the terms of the agreement by no maintenance the floor if there is any such condition.

Or wait for the expiry.

Default in rental payment is a good reason to direct the tenant to vacate the rented premises

If your mother is the owner she may serve the tenant with a legal notice instructing him to vacate the premises for default in rental payment.

Failing to comply with the instructions therein the legal eviction notice, you may file an eviction suit.

There is nothing to be worried about the community to which he belongs.

The legal notice will come to your defence.

1) wait for expiry of the agreement

2) one month before expiry inform the licencee that you would not be renewing the agreement and ask them to vacate premises on expiry of the agreement

3) adjust the security deposit against rentals due if any

4) if they fail to pay rent send them reminders in writing to pay over due rentals

5) recordtheir verbal abuses

6) it would help your mother in making out a case for criminal intimidation under section 506 of IPC if need arises

1. In so far as rent control law is concerned it favours the tenants generally but not on account of caste.

2. It has become a practice to file false complaints under SC/ST Act. Your tenant can also do that by alleging that your mom had abused him by his caste. SC/ST Act is a dreadful legislation whereunder the offences are not bailable.

3. Your mother can file a petition for the eviction of the tenant if he does not pay the rent.

Dear Sir,

I am giving the following legal advise which is more than enough. Be assured that you will get back the premises very soon.

Grounds for eviction

A landlord can ask the tenant to leave if he has completed the tenure as per the lease agreement. Other valid grounds are refusal to pay the rent or indulging in unlawful activities on your property. You can demand eviction if the tenant has sub-let a part or all of your property without your permission. Unfortunately, due diligence in selecting a tenant and an iron-clad lease agreement are no guarantees against legal hassles with rogue tenants. So what is a landlord to do in such cases?

Approach the designated authority in your state:

The simliest way in Karantaka State is to approach Assistant Commissioner (Revenue) under the provisions of Senior Citizens Act. One twist here, Mother must file a petition saying that her son rented out the building to a person with whom he was colluded and collecting rents by himself. Thus by exercising summary procedure the AC can order for eviction with police, if need arise. This is the best solution.

approaching the local police will not help. "The police can only intervene if the tenant is involved in an illegal activity. It has no jurisdiction if the tenant refuses to vacate the premises or pay

rent," points out advocate and property expert Vinod Sampat. This is also true in case of a housing society. "The police can, of course, act once the judicial order arrives in favour of the landlord and the court orders the tenant to vacate the property,"

Approach the civil court: In case either party is not happy with the decision given by the state competent authority, he may approach the small cause or city civil court. "There is no fixed period to sort things at this level. The case may go on for a year or two before the final decision is taken. If the judgement fails to satisfy both the parties, the high court can be approached,"

The one thing a landlord must refrain from doing is opting for strongarm tactics. Trying to vacate the tenant through use of force is illegal. "It is also not advisable to shut off utilities like electricity or water connection in order to compel the tenant to vacate the property,"

Legal notice under section 106 of Transfer of Property Act, 1882 must be issued to the tenant. The format is as follows: You are best assured:

===================================================================================

Legal Notice To Vacate Property Under Section 106 Format

Dated:

To

__________________

Dear Sirs,

Re: _______________________________________________

Our Client: ______________________________________

Under instructions received from and on behalf of our client above named, we do hereby address you as follows.

1. The ______________________of the ______ Floor of _________________________ measuring _______sq. ft. has been let out to you for commercial use. You are holding the said ______________ as a tenant under our client @ Rs. _____________ per Sq. ft. aggregating to Rs. ___________________/- (__________________) per month Only.

2. The tenancy in your favour was for _________ years and has expired on _____________________ but you have not yet handed over the vacant and peaceful possession of _______________________ measuring ____________to our client.

3. As our client ____________________ of ______________________________, who is the owner, is no longer interested in continuing with the tenancy, we, at the instance of our client, do hereby give notice that your monthly tenancy, in respect of ___________________________measuring ___________ sq. ft. shall stand terminated upon expiry of 15 days from the date of receipt of this Notice.

4. We, on behalf of our client, accordingly, call upon you to quit, vacate and deliver up peaceful and vacant possession of the ____________________________ measuring ________sq. ft. upon expiry of 15 days from the date of receipt of this Notice to our client in the same condition as _______________________________ measuring ___________ sq. ft. was given to you in the year ______.

5. In the event, you fail to quit, vacate and deliver up vacant and peaceful possession of ____________________________ measuring ______________________ sq. ft. upon expiry of 15 days from the date of receipt of the instant Notice, you will be treated as a trespasser and appropriate legal proceedings, against you, would be initiated for recovery of vacant possession of __________________________________ measuring ________________ and other reliefs. Needless to mention that you will be responsible for the costs and expenses thereof.

6. Please treat this Notice as a Notice under Section 106 of the Transfer of Property Act 1882.

Thanking you,

Yours faithfully,

Advocate

Copy to: Client

Simply serve them a notice to vacate the property as per the terms of rent agreement.

By merely being an SC/ST anyone can not occupy any property.

Please avoid using any satisfactory words because that may create a problem.

If the property is not vacated with in stipulated time file FIR and an eviction suit for illegal possession and losses due to this possession.

Please give them 1 months notice as per the agreement.

Ask your mother to approach the Police and lodge a criminal complaint against the erring tenants.

The elderly and lone cannot be harassed and ill-treated, like in the present case.

The Police is bound to act on her compliant, provided she approaches them.

Dear Client,

Ask ur mother to file police FIR for abusing and threatening.

Neighbors testimony will aid the complain.

IF they refuse to pay rent for continuous 4 months, liable for eviction.

File eviction suit for misbehaving, threatening. She is senior citizen, threat of false case under SC/ST act not advantageous against her. Procure evidence of threat.

hi, if they fail to provide you monthly rent you can file a suit for eviction and can recover the rent from court..secondly, threatning and abusing is a criminal offence ,ask your mother to file a criminal complaint regarding such activity

A. Tenant cannot be evicted unless established the breach of the terms and conditions of the Lease/Rent Agreement.

B. Non payment of monthly rent and keeping the house in very bad conditions also is good grounds to evict the tenant subject to establish the evidence towards the non maintenance of the house.

C. To evict the tenant under the aforesaid grounds or breach of the terms and conditions of the rent agreement is only crucial and merits of the case not any caste of the parties. Hence, don't worry about the caste of the parties. Law will look the matter on merits and whether the party is approached the Court with clean hand and justice manner?.

D. You need to issue a legal notice to the tenant in the event of non payment of rent instead of taking higher action. This process will stand before the Court that the owner has completed the legal procedure and you can give reasonable opportunity to the tenant to pay the rent. If tenant continuously defaulting to pay the rent then only you are entitled deduct the rent in advance or security deposit and the tenant not entitled to recover the same before the Court.

Hello,

As per law you will have to serve upon them a legal notice for eviction of the premises, if they fail to vacate the premises then the eviction suit will be filed in the lower court.

Regards