• Tenant reluctance to vacate the premises

Dear Sirs,
I have a tenant using my premises for business purpose for last 32 years. Of late he has shown reluctance in paying the rents and due to this I have approached him to buy the portion under his ownership to end harassment. Despite such a suitable offer, he has offered me a price, quarter to the current market value. Such an attitude depicts his nature to forcibly occupy my premises. Hence in such a scenario kindly suggest as to what should be my approach for eviction and generally how long does it takes to get an order of possession. Pls also suggest what should be produced in the court of law to strengthen my case. I have disconnected the electricity connection they were using last week.
regards,
P. Agarwal
Asked in Civil Law from Jalpaiguri, West Bengal
It would be wrong on your part to disconnect power supply to your tenant, irrespective of the dispute between the two.  If he has faltered in paying the rent, approach the court for eviction of the tenant.  Be firm to reject the offer of the client for buying your property at a low price.  Generally to get an order of eviction of the tenant from your premises, it may take quite a long time.
Shashidhar S. Sastry
Advocate, Bangalore
1339 Answers
74 Consultations

5.0 on 5.0

1) under no circumstances can you disconnect tenant electricity supply . 

2) if tenant fails to pay electricity bill only electricity supply provider can do so . 

3) if tenant fails to pay rent file suit for eviction and also claim rent arrears
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

5.0 on 5.0

Hi, issue legal notice for termination of your tenancy and filed a suit for eviction and matter of time no one will assure you how long it will take before the court.
Pradeep Bharathipura
Advocate, Bangalore
4202 Answers
153 Consultations

4.3 on 5.0

1. The legal process to evict him commences by issuing a lawyer's notice to him to vacate in addition to raising a demand for payment of outstanding rent. If he does not vacate after notice is issued to him then you may move to court by way of filing a case for his eviction.

2. It is illegal on your part to disconnect his electricity supply. By doing so you have made yourself amenable to prosecution which may culminate in your conviction and a possible term of imprisonment as you have no authority of law to disconnect his supply.  Furthermore, this may seriously imperil your legal right to bring a legal action for his eviction in court.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

1) since  you have not disconnected electricity meter you have nothing to fear 

2) thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

5.0 on 5.0

In that case you have nothing to fear. Electricity department alone is liable for any legal consequences which may emanate out of disconnecting the supply.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

Thank you for appreciation.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

Do not cut electricity connection it is may leads to a criminal case,rather you may take legal recourse.
As per provision of West Bengal Premises Tenancy act landlord can evict the tenant on the following grounds:---
1.  When the contract expires and is not renewed , tenants should vacate within a month .
2.  If a tenant dies, his direct legal heirs living with him or dependent on him can stay on only for five years .
3.  Landlord can evict tenant for his own accommodation . Landlord can claim immediate possession if he is a retired government employee of an ex-serviceman .
4.  A tenant can be evicted if he fails to pay rent for three months in a year.
5.  Subletting or immoral use of premises will invite eviction .

So,you can send a Legal Notice to the Tenant calling him to quit and vacate the rented room for your own use,if he would not comply then file a Suit for Eviction in Civil Court on reasonable requirement ground,but it is lengthy process of laws.
Minansu Bhadra
Advocate, Kolkata
266 Answers
24 Consultations

4.8 on 5.0

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