1) issue legal notice to tenant to vacate premises on expiry of rental agreement
2) if he refuses file suit for eviction
3)tenant is in illegal occupation of premises
Illegal occupation
The tenant agreement of my tenant expired on 10th July 2019. I asked him in writing to vacate my house but he has not vacated it till date, Can this occupancy be treated as an illegal occupation (BEJA KABJA). How can I get him evicted? What are my rights? PLEASE GO THROUGH MY MAIL TO SUPPORT.KAANOON.COM. I have sent the relevant document for your perusal. Thanks.
Asked 6 years ago in Property Law
Religion: Christian
10 Answers
You can file the eviction suit against the legal heir wgo is illegally occupying the said house. You can report to police is you Suspect some illegal activity in the house after his death
Send him 15 days legal noitce of eviction. After notice period over, he will be consider trespasser but landlord cannot evict tenant without due process of law.
Have to file eviction suit.
If the rental agreement has not been renewed upon its expiration then you may file an eviction suit against him to evict him as per the rent control act.
Besides you may give a complaint to local police stating that beyond the period of the rental agreement, he is staying there illegally which can be considered as a trespassing of the property.
Therefore to book him under criminal trespass case.
You can consult a local advocate and proceed on the basis of the advice received in furtherance
You should file a suit for eviction under the rwnt control act if your property comes under it. Otherwise file for eviction.
See you have to file a complaint before the police though since it's civil matter police may refuse to take complaint in that case you have to file a eviction suit before the civil court.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
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.
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..
1. Yes this occupancy will be treated as illegal possession of property.
2. You should first send him a legal Notice then you have to file eviction suit if he doesn't vacate the premises even after legal notice.
You need to file suit for eviction and also claim damages.