See give a notice of eviction to tenants if on notice they fail to vacate file a suit for eviction.
You can take ground of personal use for eviction. You should proceed agaisnt them.
Refusing vacate property tenant
Sir We have a moderately big house and which was given out for rent 15 years back. They were good friends of my father. My father is no more and we asked them to vacate the property as we want it for personal use. The tenant does not give a answer and we are in a dilemma how to proceed. In the agreement the lease period was for 11 months We did not renew the lease agreement every year as the rent price was the same. The agreement states that the tenant has to vacate after the lease period What options do we have now that we have requested him kindly to vacate our property and no positive reply Having been a tenant with us for more than 15 years we feel that if they are allowed to continue it will be difficult to evict them. Would like your valuable advice and steps to proceed Thank you
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
You need to send the eviction notice and if not vacated need to file eviction suit
1) issue legal notice to tenant to vacate premises as you require it for personal use and period of licence has expired
2) if he refuses file eviction suit against tenant
You have to file a petition for his eviction in the court of rent controller to seek his eviction on the ground of default of rent and that you require the premises for bona fide personal use.
1. If the tenant is vacating the premises even after efflux of time. filing a suit fr eviction is only option.
2. SO file a suit for eviction after sending them an eviction notice.
3. If there is a ground for eviction like your bona fide need then certainly you would get the decree of eviction.
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.
In the absence of registered lease deed, lease can expire by given 15 days eviction notice. File eviction suit on the ground of bonafide need and expiry of lease.
Please arrange to issue a legal notice to the tenant asking them to vacate the house and deliver up vacant possession to you within a set deadline. If there is no response or they refuse to vacate, you may have to file a suit at the proper court for eviction, through your local advocate.
Since there is no tenancy agreement existing now since the house owner died and the previous tenancy agreement expired the tenants are actually unauthorised occupants though they pay the rental amount regularly every month.
You may issue a legal notice asking them to vacate the premises as the rental agreement has expired and there is no renewal done after that since the original owner died and the legal heirs/successors in interest do not want to renew the rental agreement, moreover the premises is required to personal use of the legal heirs of the deceased owner.
If the tenant is not vacating or complying with the demand made, you may file an eviction suit against him on the same lines.
Dear Sir,
You can issue a legal notice to the tenant if he refuses to vacate on expiry of agreement. You can also terminate leave and licence agreement if you so desire. And if tenant refuses to vacate the property then you can file the eviction suit against them.
Your mother can claim that she is an old widow and her children are not taking care of her and therefore the said premises is required by her to start a vocation and become financially independent.
