• How to vacate a tenant

Iam landlord(female).lhave given my house for rent (15thmarch)for 11months,to a married women claiming to be a transport business owner,husband a very busy man ,daughter (married)and their maid.   At first all was well with my tenants,then after one months neighbours started complaining about some nuisance.after repeated complaint i went there and told her if this is the case she has to vacate the house. Then  she promised  to be very careful. But all this was for few days. To my shock this lady was arrested  for some fraud case.and not to say about the media coverage and those things.  Then i gave a legal notice to vacate the house which was received by that ladys daughter(pls note:she is now claiming to be divorced)living there along with the maid. She clearly refused to do so. So we filed a complaint in local police station (after 11 month contract date was over).  No use.  Now she is  telling she will vacate only when her mother comes out . Contract date has ended and given one more months of extention.(2 months rent not given).asked about her father to support she told there is no such person in her life.they r having no relatives.later this week her mothers legal advisor called me asking me to give 2 more week.then in strong words he told if not he will file a stay notice against me,then for 4yrs u cannot vacate them.
this situation and issue has taken a toll of me.so kindly give some sugge for the above situation.
Sona
Asked 1 year ago in Civil Law from Thrissur, Kerala

File a suit for eviction in the civil court at local jurisdiction as you have already given the notice now they are illegaly residing there.

File a police complaint of treaspasing, harrasment and criminal inteminidation agaisnt the girl and mother through lawyer.

There is no such thing as stay notice he cannot take.any relief from court as he is not entitled as they are in breach of agreement .

Shubham Jhajharia
Advocate, Ahmedabad
20746 Answers
81 Consultations

5.0 on 5.0

Since licencee has failed to vacate inspite of legal notice file suit for eviction against her

2) Police woukd not intervene as dispute is of civil nature

3) disposal of eviction case depends upon pendency of cases

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
68823 Answers
4143 Consultations

5.0 on 5.0

Dear Madam,

The law is like that but your case is different since tenant is having bad reputation you have rightly called upon her to vacate. It is better to wait for 2 months and then proceed. Dealing in Courts are still worse. Be confident you will get but not through Courts. The relevant law is as follows:

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Section 106 in The Transfer of Property Act, 1882

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1[106. Duration of certain leases in absence of written contract or local usage.—

(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.

(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.

(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]

Kishan Dutt Kalaskar
Advocate, Bangalore
4675 Answers
129 Consultations

5.0 on 5.0

Mam you cannot force them out but with law you van evict them also you need flat no rent paid and tenant associated in illegal activities you can take that ground before court.

Shubham Jhajharia
Advocate, Ahmedabad
20746 Answers
81 Consultations

5.0 on 5.0

You can evict the licencee on expiry of period of licence

Just because she is a women does not mean she can continue to stay after expiry of licence period

Ajay Sethi
Advocate, Mumbai
68823 Answers
4143 Consultations

5.0 on 5.0

Dear client, you can file a Title Suit before the Munsiff court to evict the tenant and along with the title suit petition you have to annex all the relevant documents which are supporting to you.

Bindu Gogoi
Advocate, Guwahati
72 Answers
2 Consultations

4.8 on 5.0

Hello,

Take help of your local lawyer and file case against them for trespassing and criminal intimidation.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
1113 Answers
2 Consultations

4.8 on 5.0

Dear Client,

All such claim of tenant and lawyer is bull shit.

By efflux of time, tenancy is already over. Also, u have another valid and good ground of her incarceration to get the premises vacated.

NO such humanitarian ground(woman factor) is available in rent matters where agreement is over.

Issue her legal noitce for eviction and recovery of 2 months rent. If she failed, approach Rent Tribunal u/s 111 of Transfer of Property Act to get the house vacated.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

Hi, it is advisable to file a civil suit for eviction in court .. However it is true , that the case will take a sufficient period to order them to vacate the premises , therefore try and settle the dispute amicbly with the tenant

Hemant Chaudhary
Advocate, Gurgaon
4306 Answers
31 Consultations

4.9 on 5.0

You will have to file an eviction suit to get them evicted from the premises. But bear in mind that the same will take time and the court will take time to pass the final decree.

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

You may take help of the local police, it is true that the police might not help you since this is a civil matter but you may manage the police and ask them to help you out, if the same is possible.

Regards

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

Have you still receiving rent for your your house? You can file an eviction petition as the tenant having a criminal attitude

Prabhakaran Vasudevan
Advocate, Chennai
17 Answers
1 Consultation

4.0 on 5.0

1. Thus is a civil dispute and hence complaint to Police will not solve your problem.

2. if you require solution then you will have to file a suit for eviction against the tenant as if tenant refuses to vacate in expiry of the terms of tenancy fling a suit for eviction remains only option.

3. The suit for eviction of tenant depends on grounds of eviction which include efflux of time, reasonable requirement of the tenanted premises.

4. So do not waste time anymore and consult with an advocate for filing a suit for eviction.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

There is know law that a person who is legally wrong doer should be given benefit of gender.

You need to file eviction suit and claim the property along with the outstanding rent and litigation charges.

Vimlesh Prasad Mishra
Advocate, Lucknow
5653 Answers
19 Consultations

4.9 on 5.0

The rent agreement pursuant to which they entered your property having been expired, they do not have any right ful claim not to vacate your property.

Having already served upon them an eviction notice, you are advised to file a suit for eviction.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

They cannot play the woman card.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Under the situation you have to :

issue a legal notice asking the tenant to vacate and handover vacant possession within 7 days of the date of receipt of this notice.

Immediately after issuing notice you should file a caveat petition in the jurisdictional court to prevent them from obtaining exparte injunction against you.

Since the tenant is not available the notice will return undelivered, hence after seven days of the original date you may file an eviction suit agaisnt them

Even this legal process may involve stretched legal battle running for years, you have no other legal option than this .

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

They (tenant and their lawyer)are claiming that on humanitarian ground(woman factor) i cannot remove them from that property.is there no law to safeguard the interest of a landlord (woman)?

There is no such law

Her lawyer is just trying to scare you.

Dont get carried away by such false information or rumours.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

You can file a eviction suit to evict him. He will be evicted from your house soon. Send a legal notice of eviction first.

Prashant Nayak
Advocate, Mumbai
14378 Answers
24 Consultations

4.6 on 5.0

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