Dear Sir,
The rental laws are very cruel. However you have an option to execute sale deed in favor of prospective purchaser
and he shall remove with his muscle and money power.
How to vacate a errant tenant?
Dear Sir/Madam, I am a widow of age 72 years. I have two daughters and both are married. Before my husband passed away he constructed two shops and in that one shop given to his sister's son for rent. It has been 29 years now and same person who is my husband's sister son running a jwellery shop by paying a very nominal and irregular rent. I couldn't vacate him and couldn't demand for rent hike because after lossing my husband I was not financially strong. Now as my both daughters are married and I don't have own house I want to sell this shop to buy a own house in Bangalore. But this person not ready to vacate the shop and threating me with court cases. He is demanding 30 lakhs as a goodwill to vacate the shop. In 6 months the new rental agreement is getting over. Please advise the steps keeping note of my current situation.I can't fight years together in the court.
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
You can issue notice to tenant to terminate agreement on account of non payment of rent
2) if he refuses to vacate file suit for eviction
3) in alternative wait for expiry of agreement then file suit for eviction
1. Firstly serve Legal Notice to Tenant to vacate on expiry of the Lease agreement. Consequently File Civil Court proceedings to Evict the Tenant, on grounds of self usage, citing the Senior Citizen Act.
2. Civil Court considers the same and there is 100% change that you will get a favorable order. This might take atleast 2 odd years. There is literally no other option left.
You need to file a Suit for Eviction and make the errant tenants as defendants.
You should send him a notice stating that you wish to give the property to your daughters and hence he should vacate the property. A gift deed or a partition deed should also be made and your daughters should also give a notice to him. A suit in the rent control act should also be instituted. You have a bonafide need and therefore he has to vacate the property.
Going by contents of your post, if you can wait for expiry of the Rental Agreement, you don't renew the agreement and ask him to vacate and hand over the premises.
You can also issue notice to him cancelling the agreement for paying rent irregularly. In case, if he refuses, you can file case for eviction.
Without court involvement, limited possibility to vacate the shop. As of now, issue notice of eviction 15 days before on the expiry of agreeemnt.
At least will revise the rent in the beginning and on banofide need, court will grant eviction order.
Since you are senior citizen, court case may expeditious.
Please see your rental agreement before you take any decision if after the expiry of the rental agreement it is not automatically renewed then you may give notice for vacating your shops and stop taking rent in case they do not vacate the premise after expiry of the rental period you can file eviction suit on the ground of necessity please note that in this case police may not help you
See on expiry of the rental agreement you can issue a legal notice to vacate the premises as you need the property to meet your personal needs. A legal notice for termination and expiration of rent agreement can be issued.
Further if on notice if he fails suit can be filed.
Also you can find a buyer who.can buy with tenant as you can provide some.discount he can then fight the case this will save you time.
You may issue a notice to him to vacate the rented premise at the time of expiration of the rental agreement stating that you are going to dispose the same and planned to migrate to different city to live there in future, if he is not agreeing then you may file an eviction suit on the same grounds and also can file a petition before senior citizens welfare tribunal in this regard for a quicker result.
If you have any rent agreement for governing the lease then, the said agreement is required to be looked into. However, if there is no such agreement then, you can file an eviction suit in the jurisdictional civil court.
You have to file a petition for eviction of tenant on the ground that you require the premises for your bona fide personal use. There is no other remedy.
Dear Client,
You have to give him a Legal Notice for Eviction. If he does not evict, then you may file a case for Eviction.
You need to give him Notice and file eviction suit in court to evict him. You can claim mesne profit for all the losses and outstanding rent from him
1. The best way to vacate the tenant from your shop is to send him a notice for vacating the shop on expiry of agreement term.
2. If you don't want to go to court for eviction suit then sell the shop to some person who can fight legal case against your tenant after purchasing the property.
