Well, for default of rent, eviction possible by due process of law. That will take long time. Let the 10 days pass and still not paid than file eviction suit.
Force eviction prohibited in law.
Tenant not vacating
We have given our two room house for rent for one family since Oct 2018 for a rent of RS 12000, and RS 50000 advance .Since he was very irregular in paying rent, we gave him a written notice in March giving 2 months notice saying we need the house for our own stay. He was supposed to vacate the house by may 31st. The notice was drafted by us and sent through Registered post. We also visited and told him personally. He requested for three months, we agreed for that also. By may 31 , even his advance was over. Entire June month he has stayed free. Today yet again he is requesting for 10 extra days to vacate saying he will pay us the rent for June and continue. We have recorded the entire incident on phone , with us persuading him and him requesting us again and again) We know he is just lying. What can be done in this case?. The tenant seemed to have shady ( rowdy) background as informed by some people, though at present he is staying with his wife and kids. We regret not doing a thorough check on him as it was our first time. Kindly let us know what action we need to take.
Asked 6 years ago in Property Law
Religion: Other
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12 Answers
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
See you have already given him enough time to vacate you can wait for 10 more days and then if he fails you can file suit against.him.for.eviction and for.recovery of.rent arrears.
You have to file a Rent and Eviction suit against him
You have no option but to file suit for eviction of tenant
suit for eviction would take at least 2 years to be disposed of
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
You need send a legal notice for eviction to him and file eviction for the same
Please file an eviction petition in civil court to pass order to evict from your premises.
Dear Sir,
Get issue a legal notice and then file simple suit for eviction.
Section 106 in The Transfer of Property Act, 1882
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.
(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.
If the tenant is not paying rent as well as not vacating then you have to file an eviction suit to evict him.
You consult a local advocate on further issues.
- As per the information mentioned in the present query, makes it clear that you have given your property on rent but without any agreement to rent.
- As per law, you have both the option to give he property on rent either supported by the agreement or even without it, the only difference would be the time period to vacate the property.
- If agreement is there then everything will be in accordance with the same like time to vacate or condition for violation of which vacate the property etc.
- If no agreement and the property has been given for residential purpose then notice under section 107 of TP Act to vacate the property in 15 days if not then legal action for vacating the property by filing a suit for eviction before the court of law.
- No need to worry, as court of law will take care of your case irrespective of the fact of his being the man of shady background.
Dear Client
You should file the eviction suit in the court to get your property vacated.
Contact an advocate and send him a fresh notice for eviction from the house. And after the notice file the eviction suit.
