• Question related to rental issues

The tenant(couple) rented our house on 2014 and the agreement was made for 11 months. Then after 11 months they continued to stay but no agreement was made since then till now 2019. So we asked the tenant to vacant the in mid jan for the renovating the house. 
What they did was they didn't pay jan month rent and still have not paid. When my mom and dad asked them when are they leaving the house they started screaming at my parents in a very disrespectful manner and they are misusing my parent's innocence.So what can be done now?
Asked 5 years ago in Civil Law

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14 Answers

Your parents issue a legal notice to the tenant for eviction if on notice tenant fail to vacate the flat a suit for same has to be filed.

Further for abuse and screaming your parents can register a police complaint against them.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Issue legal notice to tenant to vacate premises 

 

2) if they refuse file eviction suit against them 

Ajay Sethi
Advocate, Mumbai
94849 Answers
7567 Consultations

5.0 on 5.0

There is no need to extend Rental agreement as all we need to establish Owner Tenent Relationship.

You must send a legal notice to the tenant as contemplated in s. 106 of Transfer of Property act. If still they continue to live then we must file a eviction suit to evict them from house. In the same suit you can as for Rent during the period of Litigation.

Advocate Jamal Sait 

High Court of Karnataka 

Bangalore 

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

First vacate them from your house then you can file a case in civil court for recovery of outstanding rent

Prashant Nayak
Advocate, Mumbai
31979 Answers
182 Consultations

4.1 on 5.0

1. If the tenant doe snot uit or vacate the tenanted property then the landlord can file a suit for eviction of a tenant.

2. The ground which may suit you to get him evicted is ground of reasonable requirement of the same.

3. So first send them a notice of eviction and then file a suit for eviction on bona  fide requirement of the premises. 

Devajyoti Barman
Advocate, Kolkata
22844 Answers
491 Consultations

5.0 on 5.0

Hi,

In the absence of valid rent agreement, they are staying illegally in your house and you may start civil as well as criminal law proceedings against them for vacation of house and payment of rent arrears. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

The way is to file eviction proceedings on behalf of your father based on the genuine need but first you give him notice for the eviction in consultation with the local lawyer and if the response is negative then file the proceedings immediately because he has bad intentions. You can adopt a short cut by involving the local administration by complaining to the Police Commissioner that your tenant is trying to breach the peace and there is danger to law and order so please intervene they will do so because they have power to do so.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Tenancy is governed by 2way. 1. by putting an agreement of rent for 11 month and renew the agreement well in time for continuous Tenancy 2. in case there is no rental agreement between landlord and tenant merely by  acceptance of rent the tenancy continuous in case he is defaulter of rent payment for 2 consecutive months or 4 months as provided in rent Control Act of particular state an eviction suit can be filed against him with for damages, outstanding rent, for the period he is as trespasser, and legal charges. you have to give him a  legal notice in this regard and give him 15 days time to vacate the property in case he do not buy get the property and clear the due outstanding. you can file eviction suit as discussed about otherwise.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Client,

Issue eviction notice to vacate the premisses within 15 days. Failure to which file eviction suit. 

Yogendra Singh Rajawat
Advocate, Jaipur
22664 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

It will be considered as petty offense by police.  It shows their slum area Sanskrithi just forgive them and disconnect all relations with them. If you wish you can file police complaint and drag them to court etc., but it seems your parents cannot withstand to the cross examination by their advocate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Please file a suit for eviction in jurisdictional court and seek for possession of the property. You have to pay court fees as applicable. Please note that if they abuse or threaten your police lodge a police complaint.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Your father should issue a legal notice asking them to vacate the premises for default in rental payment as well as for renovation purpose.

If they fail to comply with the demand made, he may file an eviction suit to evict them by due process of law.

T Kalaiselvan
Advocate, Vellore
85050 Answers
2212 Consultations

5.0 on 5.0

Dear Sir,

Get issue a legal notice and file a suit of eviction in Civil court.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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