Hi We(my dad) who's a retired state govt employee, owns 1000sq.yds land on which we cosctructed a 3 storied building and leased out the premises to a bar n restaurant owner in 2004 to conduct his business. The monthly rent payment schedule used to be improper and also the maintenance of the property is not good causing damage to the property. So in 2013, we were not interested to further lease out the said premises to him. As he's running bar n restaurant he needs to get license from excise dept., where in excise dept. needs to get him an approval from land owner to run his business(no objection). He convinced us and executed a 5 years lease agreement from 1st june 2013 to 1st june 2018 but in the agreement he mentioned the duration as 6 years instead of 5 years which we have not looked at it properly, thus gave us cheques for the said period of 5 years. At the same time considering our lease agreement to his favour he got the license from excise dept. for 6 years but he made an agreement with us only for 5 years. As the payment schedule got worsen further and there were no cheques left with us to collect the rent so we looked back into the agreement only then find out that there was a mismatch between the dates(2013 to 2018) and duration( 6 years).As there wasn't any payment from his side happening and when asked him for the same, he's asking us to use the cheques against the advance he gave us till june 2019( but in actual he gave us the cheques sufficient enough till june 2018) so we approached the excise dept. on April 2018 and complained the same for which they hav asked us to wait till Oct 2018( as the yearly renewal period changed from June to Oct). In Oct 2018 they sent a notice to him stating that he should not be conducting his business without the interest of owner. However for the same, the leasee has approached High court of telangana against excise dept.(respondent -1)claiming that he has paid the license fee for 6 years and that they are objecting for his license renewal and also owner(respondent -4) is not allowing him to conduct his business with ease by raising the rent slab as mentioned against the agreement(off record rent is more than on record rent) Now that he has the idea of retaining the premises for his business till next year (2019 june) without paying any rent. Our intention is to use the premises for ourselves letting him out from it as he's creating trouble in terms paying rent properly and also damaging the premises. In this situation, my question/doubt is : A) can we vacate him now ? B) is there any possibility for him to claim the land/property under Adverse Possession as it's been 14 years of his stay in that premises. C) are ther any complications for my dad as he is a retiree state govt. employee. D) He's having good political influence for which we cannot deal in the same way E) if we approach court for the same, will this be a lengthy process and incurs financial expenses
You can issue notice to tenant to vacate the premises as period of agreement fir 5 years has elapsed and he has failed to pay any rentals
2) tenant cannot claim defence of adverse possession
3) no complications fir your father
4) litigation is long drawn and expensive proposition may take 3 years at least
1. As lease period is over you can vacate him.
2. For adverse possession 12 yrs possession should be continuous and without any lease or leave and licence agreement, without consideration and without inturruption from landlord.
3. No.
4. Approach court if he does not agree to vacate.
5. Court will take its own necessary and proceedural timing and expenses will depend on the lawyer you appoint.
1. Issue him a legal notice for eviction as he has not paid rent in the given period from more then 3 months and further you require premised for own use. If on notice he doesnot leave premises eviction suit has to be filed.
2. No adverse possession it is permissive possion under lease.
3. No there won't be any complication though Court proceedings take little time.
4. Sir you can use way of court there won't be more effect.of any influence.
5.see it will take some time and legal.fee.
In your case what. I advise is give a notice for rent ask him to pay rent for the period if he fails file a suit.for reocvery of rent amount further in next year evict him.as don't renew the lease.
Hi, it is advisable to file a civil suit for eviction in court .. It will be a lengthy legal battle , but court will surely grant you a relief with a additional interim relief by putting a obligation upon him to pay monthly rent duly on time
1. Yes you can
2. No he can not claim the property due to the adverse possession.
3. No
4. That will not help him much
5. Send him a Legal Notice for eviction. Yes it will be a lengthy process to get the property vacated through the court.
Regards
Dear Client,
You can get it vacated on bonafied need.
Tenancy dose not create adverse possession ownership.
Nothing to do with retirement.
Once court ordered eviction, no politician left with option.
Court case takes times.
