Eviction of tenants within period of Agreement
We stay in a 3 storied building in Kolkata- with my parents & grandmother in the 1st floor , me & my wife in the 2nd & a tenant (A mid-aged couple with 2 adult sons) in a "specified part" of the ground floor (since 2004). My grandmother(86 years) is the owner of the house. On 2010 we have further extended the agreement for another 10 years ,i.e till 2020. The tenant is paying rent & electricity bills regularly & rent receipts are also being provided to them , but a few incidents took place:-
1. The tenant made 2 major modifications/constructions in the house without our permission in 2012 & forcefully kept possesion of aound 100 sqft of our house(beyond the agreed area) for the past 3 years.
2. My father(62 yrs) had a major cardiac problem , my mother(53 yrs) suffering from rheumetoid artharitis & my Grandmotherhad had a femer bone frackture (all in 2013). They have been advised by the doctor to stop/reduce using the staircase.
In these circumstances we are verbally requesting the tenant since Dec'13 to vacate our house so that my family members can stay in the ground floor considering their medical conditions. But inspite of these requests there is no outcome. The tenant always shows the validity of the agreement when asked to vacate & when asked about the unlawful possesion & construction they refers to some verbal discussion with my father ,which had never taken place.
Moreover the house is so contructed & arranged that the tenant cannot be accomodated in the 1st or the 2nd floors.
Kindly provide your valuable suggestion so that we can get our house back at the earliest & protect the health of my family members.
Asked 3 years ago in Property Law from Kolkata, West Bengal
1) the agreement must have contained a termination clause
2) in the event tenant has made structural alterations without the consent of landlord then landlord can terminate tenancy and file suit for eviction .
3) in addition it can be mentioned that you need the premises for personal use as your mother is suffering from arthritis and cannot climb stairs
4) contact a local lawyer . the terms of rental agreement have to be perused for further advice
1. A tenant has no right to carry out any construction much less alteration in the building without the consent of the landlord. Construction or alteration without the consent of the landlord is a ground on which the tenant may be evicted from the property.
2. Forcible possession of a part of the property is also a ground for his eviction from the leased property.
3. Verbal permission is no permission in the eyes of law. The tenant has to show the consent of the landlord reduced to writing.
4. You should issue a lawyer's notice to the tenant to vacate the property. If even after the notice from your lawyer he does not vacate you may file a case for his eviction in the court.
1. Since the agreement is for 2020 you are contractually barred to seek his eviction.
2. However, you gave an escape route and the same is through the illegal construction if permanent nature.
3. As per clause m,o and p of Transfer of Property Act a tenant is liable for eviction if he makes permanent construction without written permission of landlord.
4. SO you can seek eviction on this ground. The other standard ground of reasonable requirement is not available till 2020.
The modifications or extra construction of th tenanted house by the tenant renders the rental agreement as invalid due to violation of the tenancy laws and the rental agreement.
A legal notice can be issued asking the tenant to vacate the house on the same ground which will be sufficient enough to file an eviction suit against the tenant if he fails to respond or comply with the demand.
You may subsequently file an eviction suit against the tenant for violating the conditions of tenancy agreement by constructing an illegal structure without the permission of the landlord also violating the approved plan of the building.
1. The tenancy agreement for the extended period is required to be seen for giving proper advice,
2. Have you lodged any police complaint for illegally trestassing in to your area by he tenant? If not do it immedately,
3. After lodging the said complaint, file an eviction suit on he ground of illegal act of the tenant by violating he terms of the agreemen,
4. File the suit now itself since eviction suit takes years to be disposed of.
Contract is valid but parties are bound to perform their duties according to the terms mentioned in contract.
Construction without permission of the land lord is breach of contract, it does not matter that contract is valid because contract itself does not give absolute right.
you should send a legal notice for eviction on the ground of illegal construction and possession over property not rented.
File suit for eviction after lapse of 30 days notice.