Issue notice for vacation of premises, still not than file eviction suit.
Tenant not vacating my property
Gentlemen, The rental agreement has expired on March 31, 2019. The agreement (without witness signature) is for 8 months from Aug 2018 to Mar 2019. It clearly states that it expires on Mar 31, 2019. Now the tenant is not physically moving out. He is just postponing and giving future dates. He is on rent for about 35 years and has not defaulted on rent payments. I want to repair the property now but the tenant is not vacating. what is the recourse i have? Nagendra
Asked 5 years ago in Property Law
Religion: Hindu
19 Answers
issue him legal notice to vacate the premises
2) if he refuses to vacate file eviction suit against tenant
You have to give a notice to the tenant for vacating the flat in case on notice tenant fails you need to file a suit for eviction of tenant on ground you need flat for repair and your own use.
Dear client,
You need to file an suit eviction to get vacated your property.
Dear Sir,
Upon the expiry of the agreement, the tenancy automatic becomes a month-to-month tenancy terminable upon a notice to the said effect. If the tenant refuses to vacant the premises despite the expiry of the notice period, remedy lies in a suit for eviction. File a suit for eviction in Civil court.
File a suit for eviction
1. Send a legal notice to him stating that the rental agreement has already expired on 31st March 2019 and you need the property back for self occupation..
2. If there is no progress, file a case in the competent court to evict him from your property.
you can make a police complaint, or,
can file a suit for eviction of the tenant taking the ground of repair of property, personal need, completion of tenure of rent agreement, etc)
Send this tenant an eviction notice through a local advocate.
If he fails to comply with the legal notice, file an eviction suit.
You can file a suit for eviction in the jurisdiction court seeking for possession of the property. If you have rent agreement it will be added advantage for you. You can also claim for arrears of rent in case he has defaulted in payment. Note that you will have to pay court fees on the same.
First of all you need to take rent from him as the taking of rent is is acceptance of the new tenancy period by virtue of act and at the same time you need to issue a legal notice for vacation of the property and payment of outstanding rent if any on the grounds of expiry of tenancy agreement after the completion of the notice period of one month you can file eviction suit for his eviction from your property please be aware that you have to pay Court fees on the outstanding rental amount and on the value of the property for the eviction suit.
A suit in the small causes court will have to be filed if the house comes under the rent control act. You have to show bonafide need or other lapses on the part of the tenant so that he may be evicted from the house.
Regards
You can send him an eviction notice. If they got move you need to file a eviction suit in court
Dear Sir,
Get issue a legal notice and terminate his tenancy as per following provision of law.
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
If the rental agreement has expired on [deleted], then approach an advocate and get a legal notice issued to the tenant and initiate eviction proceedings against the tenant at the earliest.
You state that the tenant has been in your premises for about 35 years, if so do not allow him to continue in your premises without an agreement hence forth.
You can send a legal notice to the tenant demanding that the tenant vacate the premises. Generally speaking, sending a legal notice will probably make him vacate the premises. However, if he still does not vacate, then you can file a case against him in the civil court.
You have to file a petition for eviction of the tenant on the ground that you require the property for your bona fide personal use. There is no other remedy.
You can issue a legal notice asking the tenant to vacate the premises since you wan to renovate the same as the same is in dilapidated conditions and endangers the life of the inhabitants.
If he is not agreeing or complying with the demand then you may appraoch court with a suit for eviction on the same grounds.
- See, above information is little confusing, as if his agreement has ended then he has no right to be there in the property.
- And you can file a suit for eviction before the rent controller court after serving him a legal notice.
- But, if he has been enjoying the property for last 35 years and also not defaulted the rent payments then it would not be so easy to evict him as rent controls act to your star would come in picture to safe guard his interest irrespective of the fact that you have genuine need to repair the house.
- If that is the case then you can get it vacated but just for the time being when repairs are not been done, but not beyond that.
