My mother in law is widow and aged about 73 years.She is having two daughters and both are married.She lost her husband i.e my father in law around 27 years back.For her survival and to take care of her daughters my father in law constructed two shops and given it for rent.One shop given to own relative who is running a Jewellery shop.He is occupying the shop from last 27 years and not paying the rent on time.He will keep the rent amount for one year and he'll pay whenever he wants.My mother in law is suffering from arthritis and slip disc.For her it's very difficult to manage her living without the rent amount.Please advice what step can be taken?
She can issue notice to the tenant for non payment of rent and eviction. She can state in same if the tenant fails to pay the rent in that case see can file for eviction without any further notice.
In case after notice the tenant fails to pay rent then she can file a eviction suit against the tenant.
Issue legal notice to tenant to pay arrears of rent
2) if he fails to pay file eviction suit against tenant for non payment of rent
3) seek expedited hearing as landlord is a senior citizen
Hi,
You are advised to serve a legal notice on the tenant of the shop to pay all the rent arrears, renew the rent/lease agreement and give the rent in advance, failing which start the process of eviction from the property/shop.
You need to send her legal notice. You can file a petition under senior citizens Act to evict him from property. But mostly you will be required to file civil suit
You must send a legal notice under s. 106 of Transfer of Property act. Then if still he continues then you must file a suit for eviction.
In the same suit you can claim arrears of rent along with Interest, rent during litigation and compensation for losses caused to you.
Advocate Jamal Sait
High Court of Karnataka
Bangalore
1. If the tenant is not paying the rent or quitting the premises on demand of the landlord then the landlord has the remedy for eviction.
2. So to get him evicted the landlord first will have to send an eviction notice and then file a suit for eviction on the ground of bona fide requirement and for default of rent.
3. Such eviction suit takes time but once the ground for eviction gets established you would get a decree for eviction.
The only option in this case that he is a defaulter and not paying the rent of the property in time the defaulters in rent payment is required for minimum 2 months to file and eviction suit your mother has to go 2 Civil Court and file eviction Suit against the tenant
Dear Client,
File eviction suit in court for bona fide need and default in rent payment. Also file application for revision of rent , so that rent can be enhanced. Once court grant the order and still he defaulted in paying rent, court will order eviction. Than it can be given on rent on amount.
file case for recovery of rent and eviction of the tenant on the ground of non-payment of rent,
as he is there for 27 years, therefore, chances are NIL regarding execution of RENT AGREEMENT, better to take some rent payment through cheque so that you can prove in court the (increased) rent amount.
its time to start litigation at earliest
Dear Sir,
It is very easy to threaten the businessmen. Get issue a legal notice and file an eviction suit and it is a simple and summary case. Then they will come for compromise and settle the matter. Nothing to worry.
You can file an eviction case on the ground of non payment of rent and for more grounds must check the terms of agreement.you can evict claiming for personal use. If he deposit the due rent in the court then he need not have to vacate.
1. It happens in many cases that the tenant refuses to vacate the leased property even after the expiry of the lease. In such a scenario the rent agreement will be sacrosanct. The rights of landlord and tenant will be governed by the rent agreement.
2. If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. Non-payment of rent is also a ground on which the lease can be brought to a premature end by the landlord by moving to court and filing a case for eviction.
If the tenant is not paying rent regularly and on time, she may issue a legal notice to him to vacate and deliver vacant possession of the same due to this irregular payment of rent .
An eviction notice would make some impact or else she may file an eviction suit against the erring tenant.
