• Tenant refuse to vacate the premises

Dear Sir / Madam
My Father in-law has own flat in kolathur. This flat ground floor premises has given for rend in the month of jan2014. My father in-law not gone for any legal binding with tenant. he must prefer the persons words and understanding.. in 2018 Jan month end we informed our tenant that we want this premises for our own use. So Pls take 90 days time as per the law and vacate it..We had also informed tenant that we dont want your rent. But, unfortunately discussion has not completed successfully . The tenant has not agreed to vacate it.. Then we had filled the compliant on 9th feb 2018 in our local police station. In the Police station Tenant has informed that he is not willing to go out.. He will face it in the court.Tenant is retired Secretary employee. So local Police also told us to go to court and settle it.. After 90 days we have gone to police station and asked that tenant did replied anything about vacating premises.. So From station they made call to tenant and asked his reply and he said not ready to go out. and later 2-3days he send the petition to local police station that local police threatening him for civil mater.. in the month of Jun we finally we have given legal notice to the tenant. Tenant has replied that house owner is asking another 3-5lakhs extra security deposit and 2x rent. when we heard about this reply we have completely upset and depressed. this is completely un-faithful statement he has given. Almost 7months over now. he has not ready to speak to owner and he is enjoying the premises.. Anybody can pls help on this how to proceed what to do next step.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Client,

In case no rent deed, tenancy shall be terminable by giving 15 days legal notice, file eviction suit for bonafied/persoanl need and non payment of rent. His allegation has no weight.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The way out is an eviction petition. He can not have the premise just because he is retired secretary. If there is delay you may move the petition to the High Court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Do you have written the record of any eviction notices? Anyways, I would like to review your petition in the court and his reply in the court. As your tenant is very clever we have to proceed with an efficient well-strategized eviction process against him. Kindly reply to discuss in detail.

Thank you.

Avish Sharma
Advocate, New Delhi
13 Answers

5.0 on 5.0

file suit for eviction against tenant as he has failed to vacate premises in spite of legal notice issued to him

contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

It depends on the court but you have the option open for moving to the High Court on the basis of non payment and non eviction as you need the property for your personal use.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Rent will paid from the same month of filling suit, on this condition only court will proceed otherwise will order eviction of tenant.

Power / water supplies cut not advisable.

. ,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have to file a eviction suit before the court for evicting the tenant on the ground of non payment of rent and own use. there is no other way around then going to civil court for eviction suit as police cannot help in the civil matter.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In eviction suit the matter can go for 2-5 years depending upon the pend ency in the court. You shall get the rent in form of arrears the court shall order the said person to pay rent arrears for the time of pending the suit.

Sir you cannot cut water and electricity in no way the only way shall be eviction suit and it will be filed in regular course only as the procedure under the law has to be followed by the court,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Common Grounds For Tenant Eviction

The Rent Control Acts of most states specify certain common grounds for evicting the tenant, which include the following:

Non-payment of rent

Sub-letting rented premises or a part of it without landlord’s permission

Misuse of rented premises

Damaging (major) rented premises

Not vacating the rented premises even after the term’s completion

Conducting illegal/ criminal activities in rented premises

Deliberate violation of clauses mentioned in rental agreement

So what to do in any of the above scenarios, to make the tenant vacate a rented premises?

First up, try to speak with your tenants and sort out things with some minor compromises, if required. Give them a chance to vacate the rented premises before you file a case or take any further measures. But if this doesn’t work out well, proceed to get legal help.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Made complaint before the police station would not help you anyway. When the tenancy disputes being a civil in nature, the police department wont interfere on the issue. The option available to you is to approach the Rent Control Court to evict the tenant. You can file a eviction petition on the ground of Own use and occupation or additional accommodation and Wilful default in payment of the rent. The case will take at least 2 to 4 years to get finality. While pending the proceedings, if he committed default then you can get the eviction order with in 2 years. If the arrears of amount is huge, issue a notice to him to deposit the monthly rent along with the arrears of rent on the bank account mentioned by you. Once you provide the bank account number to the tenant to deposit the monthly then it will be easy to you to prove your case that he committed default on payment of rent.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

If the tenant is refusing to vacate nor paying the rent then you may file an eviction petition under rent control act before the appropriate court after having served a legal eviction notice to him.

The case may run for years but do not deter your determination, his menace can be eradicated by due process of law only.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

if i file eviction suit for bonafied/persoanl need and non payment of rent. how much time it will take to get the court order.. Because my friends are advising that if we go court such this kind of cases it will take 2yr 3yrs time.. Un-till the time we will not get any rent. Is there any best or priority filling and get the case on the court.. i read some of news that Power cut and non supply of water it will favor to the tenant and penalize the landlord right. Pls suggest the best and quick way of let out the tenant from premises..

The case in the court may take at least 3 years to get disposed.

The only way out before you is the proposed eviction suit, legally you cannot get any respite than this.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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