• Eviction of tenant before expiry of lease on basis of violent behaviour

Hello, I, on 11 april 2018, made an agreement of tenancy with my tenant, of 11 months, which ends on 10 march, 2019. After the good two months the tenant started his violent behavior, harassment, verbal abuse on the reason of the rules to be followed ,as a sign of civilised person in the agreement, signed by him. Due to such behaviour of him IPC 504, 506 has been applied on him by nearest police station. He has paid the rent for first 2 month in cash and the receipt was not taken by him. He stopped paying the rent from last two months and water bill payments. In spite of various effort by me and law he does not intend to leave the house. We are in extreme terror.
1) Please suggest us the procedure for his immediate eviction.
2) After the end of tenancy, if he does not leave the house , so what are the necessary procedure we shall take?
3) I am from Nagpur, Maharashtra and in this regard please suggest us an expert lawyer in my city.
Thank You.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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16 Answers

1) issue legal notice to licencee to vacate premises within period of one month of receipt of notice as he has failed to pay rent for period of 2 months and on account of his verbal abusive behaviour

2) if he refuses to vacate file eviction suit against licencee

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

File eviction suit as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Rental income is a good source of income for most people in India. However, an easy source of income can very easily turn into a very difficult problem for the homeowner.

a suit for eviction will have to be filed with an appropriate civil court of jurisdiction. Once the suit has been filed, the tenant will be notified by the court..

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Concerned,

_ Issue Legal notice for eviction within one month

- if does not vacate file eviction suit

Best of Luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

You can file a police complaint for their violent behaviour with you and as per the agreement they are in default of rent payment for more than 2 months you can give him anyway action notice to vacate the property and pay the rent in non compliance to the notice and eviction proceedings may be started along with the legal charges interest and compensation for illegal holding the promise

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Send him legal notice to vacate the premises within time limit as mentioned in your agreement. If he fails to vacate file a suit for eviction with jurisdiction court and if he threatens you or your family lodge a police complaint. Also send notice to the tenants wife office that the tenancy is terminated since they have not paid rent from two months.

Please go through lawyers list in kanoon to get a good lawyer in your city.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Take Police assistance if you wish for his immediate vacation. Send him a eviction notice through a lawyer after cancelling the tenancy agreement. Also, send him a notice of cancelation of tenancy.

2. Eviction notice followed by a suit for eviction. Take this help in case the Police refuses to help you in the matter of his eviction.

3. Look for lawyers from Nagpur on this portal.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) Please suggest us the procedure for his immediate eviction.

Answer: You must first send a legal notice. He has to pay rent or be evicted;

2) After the end of tenancy, if he does not leave the house , so what are the necessary procedure we shall take?

Answer: He will have to vacate the house, as per the law laid down in Maharashtra Rent Control Act;

3) I am from Nagpur, Maharashtra and in this regard please suggest us an expert lawyer in my city.

Answer: You can search on this website or you can approach the Maharashtra State Legal Services Authority for engaging services of a lawyer.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

file a licensee eviction suit under chapter VIII of rent act seeking possession, arrears of rent and damages

you will have to go through the court only and follow the due process of law to evict the tenant

the tenant cannot be evicted immediately

even police cannot evict the tenant

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Send him legal notice for vacating the house.

If he does not do so then file suit for eviction on the basis of that legal notice and criminal complaint filed by you as his behaviour amounts to breach of agreement between you.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

default in rental payment shall be a substantial reason seeking to evict him.

You can issue a legal notice to vacate the premises on the said grounds.

If not complied you may initiate eviction suit against him before the rent control court.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

the tenant's wife works in Indian Railway , NAGPUR and has submitted the agreement for house rent allowance, two months earlier, in her office but havent paid any rent after that. Our major concern is his eviction as he has terrorised us. please suggest in this regard also.

For eviction you can initiate civil suit for eviction, but if he indulges in illegal activities against you by terrorising you then you can approach nearest police station for relief with a criminal complaint against her.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. What was the nature of violence committed by the tenant? What were the rules which he was supposed to but did not follow?

2. You should issue a lawyer's notice to him to vacate the premises and deliver the vacant possession to you. If he does not meet your demand then you are free to file a petition for his eviction under Rent Control Act before the Rent Controller on account of nuisance and default in payment of rent.

3. If he has created nuisance then do not wait for the tenancy to expire. Initiate the legal process for his eviction now.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

You are required to send a legal demand notice and then file a case of eviction against him.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Send a notice for termination of the tenancy.

2. You will have to approach the court, also you may approach the local police station.

3. You may take possession of your flat by applying your lock after serving the notice of eviction.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The advise has been rendered.

Drop a letter at her office also that nothing is being paid and FIR has been registered against them to create pressure on them.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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