Hi,it is advisable that we should file civil suit for eviction in court ..In addition with the same civil suit we can seek relief for recovery of the due rent ..Even though if he (tenant)contest the case he has to pay the due rent before proceedings with the case ...In case he defaults to pay the court will order instant eviction..
Tenant Eviction
I have a tenant in Gurgaon who stopped rent payment after 3 years of staying. The originally told us they want to empty the house. We agreed but they are refusing to vacate and give possession at they same time they are not paying rent As I understand there are 2 ways we can proceed after giving legal notice of 15 days. These 2 ways are 1. Section 106 of the Transfer of Property Act. 2. Urban Rent Restriction Act. As I understand in both cases there can be appeals and renter can drag this along. Our primary object is that renters get evicted at the earliest. Secondary objective is recouping rent loss. What way do you suggest (1) Section 106 of TP or (2) Urban Rent Restriction Act. as the fastest legal recourse. thanks, Harmeet
Asked 6 years ago in Property Law
Religion: Other
16 Answers
1. Default in rent is a ground for eviction of tenant.
2. Section 106 is not made out in your case. Even under Section 106 of TP Act you just cannot throw the tenant out as you have to file a suit for recovery of possession. You are governed by the Rent Control Law.
3. A petition for eviction has to be filed before the Rent Controller to seek eviction on the ground of default in rent.
- Neither of the two ways you have stated. Which fool suggested you these? You mustn't approach quacks for legal advice.
- You are best adviced to file a RAE suit uner Specific Relief Act. It's the convenient and least time consuming remedy of seeking eviction and also claiming rent for for period till the decree is passed.
- I'm prepared to be your counsel (Advocate) in court and get the job done. You need to visit me for taking this further. Speak to me by availing the phone consultation service here at kanoon to fix up an appointment with me
The agreement which was registered at the time of handing over the possession of the flat is important. Was it a registered one. If yes then it should be enforced in a court. That is the sound way.
Regards
1) best is to file suit for eviction against tenant if he fails to vacate inspite of issue of legal notice to vacate
2) Section 106 creates a presumption in case of leases. In the absence of a contract or local law or usage to the contrary a lease of immoveable property for manufacturing or agricultural purposes shall be deemed to be a lease from year to year and "for any other purposes shall be from month to month"
Hi,
I would suggest you to go by second option.
See you have to file a petition for eviction of tenant and for rent arrears before the rent controller seeking the eviction of the tenant as he failed to pay the rent.
TOPA section 106 shall not apply here.
Have to take recourse of law, notice for demand of rent and eviction is must. No relief to tenant if after filling eviction petition dose not pay rent.
Your case will govern under T P Act.
Urban Rent Restriction Act. Will be fastest procedure .
1. You should send a notice of eviction under 106.
2. Even if the case is dragged for sometime then also they will have to deposit the rent in the court, failing which they will lose the right to file a defense.
Regards
What is the quantum of Rent.
Preferably issue notice u/s. 106 TP Act.
Seek arrears of rent. contest the case meticulously.
- Case will be filled under Haryana Rent Control Act along with agreement copy.
- Undoubtedly if the case contested well, you will get rent along with interrst and if not paid in stipulated time period ordered by court, ejectment alongwith penalty will be imposed.
- It should be taken on serious node to avoid any wrong intention to acquire the property.
Regards
Vivek Arya
You can only execute eviction suit there is no other remedy. If he doesn't pay rent court will ensure that mesne profit is awarded and all your rent will be recovered
Dear
The fastest way to evict the tenants from your property is to file criminal case against them for criminal intimidation or other offences under IPC.
And if you don't want to lodge FIR against them then you have to wait for 2 to 3 years after filing of any civil case.
Your best choice is Section 106 of TP Act.
Forget about two or three or umpteen options.
The tenant has to pay the rent, if he is not paying the rent continuously for more than two months you can send him an eviction notice giving him 15 days time to vacate and deliver vacant possession.
Failing to vacate or comply with the demand made within the stipulated time, you may file an eviction suit before the rent controller court for releif and remedy.
No doubt it will be a time consuming process, but you have no other option because he may not come to any terms otherwise.
