Tenant not vacanting the place and not paying the rent since 5 years The orginal tenant has passed away there son's running the business. There is no agreement between land lord and tenant it is old building more than 100 years he is running a hotel.and for residential purpose also in the same place we have given only for business purpose only I am planning for reconstruction Any cpc section regarding 1. Any rule of demolishing of old buildings 100 years. If any unexpected collapse may hapen! 2. Eviction notice Please give me your suggestion steps to follow Any cpc section to help us to solve the problem
you have to issue legal notice to tenant to vacate premises for non payment of rent
2) file suit for eviction
3) if building is 100 years old contact a structural engineer to inspect the building
4) on basis of structural engineer report inform municipal corporation
5) it would direct occupants to vacate premises if their is danger to building collapsing
You shall send a legal notice under section 106 Transfer of property act for termination of tenancy and also for arrears of rent. If he does not vacate the premises then file a suit for possession, injunction and arrears of rent in the competent court of jurisdiction.
1. IF there is no Tenancy Agreement and IF Tenant is in possession since more than 12 years, THEN the civil court will take a lenient view and will declare the Tenant as in "adverse possession" and not much relief can be expected, EXCEPT rent at current prevailing circle rate of your area.
2. IF building is 100 years old, THEN it best not to go for legal disputes, since this will take more than 5-10 years to reach a decision, which will further involve huge legal expenses too. Instead settle amicably with the Tenants and redevelop the building and make profit too.
1. You may first issue a legal notice instructing him to vacate the premises since it is very old and unfit for human habitation.
If he is not agreeing or complying with the instructions you may approach the Municipality for demolition of the same due to its age.
You may consult a local advocate and first issue a legal notice and then you may decide further courts of action if he refuses to vacate.
Better file eviction suit on the ground of non payment of rent + vacation of building due to emergency reason. Also mention that the leased property was given for commercial purpose but partly using for residential purpose which is violation of lease condition.
No such certain law prevailing in AP to pray for eviction due to dilapidated condition of building but the genuine need to avoid unforeseen collapse and damage for which only owner will be held liable if happened.
Going by contents of your post, since the building is more than 100 years, it is dangerous to limb & life of occupants.
Thus, you can make an application to the "Institute of Engineers" at your place requesting the "Structural Engineer" to inspect and give report of the said building, based on his report you can make an application to concerned Municipal Corporation, to take appropriate steps i.e., demolition of the same.
You can give notice to the tenants demanding arrears of rent, etc.
In case if they fail to respond, you can give eviction notice and file suit for eviction.
Best option, is to avail opinion of Structural Engineer and proceed, instead of going into litigation mode.
Only way to declared it dangerous and dilapidated property and get it demolished through corporation order
1. You have to file a petition for eviction against tenant on the ground of bona fide personal use and also default in rent.
2. You do not need any CPC section. Be practical.
1. There is no rule for demolision of old building hinder CPC but there can be some rule in town planning deparment of Andhra Pradesh.
2. You can send them eviction notice but filing of suit may lead you to losing your property on ground of adverse possession.
Sir send me your suggestion and section I have to file on eviction (tenant)policy
First issue an eviction notice to him demanding him to vacate the premises for the reasons you may rely upon.
You can issue this legal notice through a lawyer so that it will be more effective.
Every state has its own rent act
contact a local lawyer for filing eviction suit
The corporation will proceed it with their Punitive action
106 TP act.
The suit for eviction of the tenant is filed in a civil court under whose jurisdiction the rented property is situated.
File a case under the rent control act in scc court. In case of dilapidated buildings file a report wrt tge condition of the building.
Send a notice for eviction for non payment of rent and bonafide need.
The Andhra Pradesh rent control act would be applicable in your case. Engage a lawyer.