• Evicting tenant

Tenant is staying in flat without renewing the tenancy agreement and not paying rent from last one year. Let me know how we can vacate them
Asked 3 years ago in Property Law
Religion: Muslim

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19 Answers

Issue legal notice to tenant to vacate premises on expiry of agreement to pay arrears of rentals 

 

if he refuses to vacate file eviction suit against tenant 

Ajay Sethi
Advocate, Mumbai
93476 Answers
7244 Consultations

5.0 on 5.0

1. Send a legal notice to the tenant to pay the arrears of rent and asking him to vacate the place.

2.  If there's no positive response, file a suit in the jurisdictional Court for eviction of the tenant.

Shashidhar S. Sastry
Advocate, Bangalore
4946 Answers
305 Consultations

5.0 on 5.0

Swrve legal notice for vacation to the tenant on grounds of non payment of rent and expiry of the rental agreement and give him 15 days time to vacate the premises and give you the the peaceful and vacant possession of your premises.

If he fails to do, file a suit for eviction or under the provisions of rent control Act of the state where the property is situated.

Siddharth Jain
Advocate, New Delhi
6294 Answers
101 Consultations

5.0 on 5.0

1. Default of rent for more than three months is a ground for eviction. 

2. If you require the premises for your own use then also it's an additional ground for eviction. 

3. Therefore you are free to file a suit for eviction after sending the statutory notice for eviction. 

Devajyoti Barman
Advocate, Kolkata
22532 Answers
464 Consultations

5.0 on 5.0

1. Only legal solution remaining is to file Eviction Suit in the local Civil Court on grounds of infructuous tenancy agreement and non-payment of Rent amounts.  You can do this by giving a registered Power of Attorney (POA) to your friend /relative to represent you in court, in your absence.

2. You can ALSO 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.

3.  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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

- A tenant is bond to pay the rent on all the occasion to be continue in the tenanted premises , even for the period of lockdown as well. 

- Further after expiry of the tenancy agreement , the status of that tenant is month to month basis , and if not paying rent , then tenant is liable to be evicted from the tenanted premises. 

- You should send a legal notice to the said tenant for paying the arrears of rent and to evict the premises. 

- If refused, then file an Eviction petition before the Court for evicting the tenant and to claim arrears of rent. 

Mohammed Shahzad
Advocate, Delhi
12512 Answers
171 Consultations

5.0 on 5.0

Hi,it is advisable to issue a legal notice for eviction to tenant within 30 days ..If he fails to comply with the notice, we can file a civil suit for eviction in court ,and in addition can also recover the due rent 

Hemant Chaudhary
Advocate, Gurgaon
4629 Answers
67 Consultations

4.9 on 5.0

I am assuming that there is a leave and license agreement and not a tenancy agreement 

If the licensee has overstayed and not paid license fee and there have been arrears then you will have to file an eviction suit against him 

Begin with issuing a legal notice

Yusuf Rampurawala
Advocate, Mumbai
7359 Answers
79 Consultations

5.0 on 5.0

First of all how could you allow him to continue with the tenancy if he has defaulted in payment of monthly rental amount.

The payment of monthly rental amount is the base for tenancy.

You issue a legal notice instructing him to vacate the premises and deliver vacant possession immediately since he has  defaulted in payment of monthly rental amount and after that you may file an eviction suit if he is not responding.

 

T Kalaiselvan
Advocate, Vellore
83672 Answers
2051 Consultations

5.0 on 5.0

Yes, you can file eviction suit, as per the Rent Controller Act.

 

  1. To begin things, you can send a legal notice to the tenant to vacate the property.

In India the first step for every legal action is sending a legal notice. By this we ensure that the other party is properly informed as to what this notice is for and what will be its consequences. Once the legal notice has been sent the tenant may choose to or not to reply.

  1. If the premises are being used for unlawful or illegal purposes then the landlord may directly file a criminal complaint.
  2. The legal notice shall include things like how did you meet the tenant for example have you advertised and he contacted you or he was an acquaintance of yours, when did you enter into the rental agreement, what is the reason on which you want to evict the tenant, around what time did these reasons start, have you sent him an written notice earlier, if so when and why, the time period being provided by you for him to evict the property, what steps will be taken if he does not vacate the property.
  3. If the tenant does not do so then you may initiate file a rent control original petition (hereinafter known as RCOP) in the proper Small Causes Court in proper jurisdiction against the tenant and proceedings are held. Evidences including the legal notice and rental agreement need to be there to evict a tenant. If the Rental Agreement is not there, then it again it will be a lengthy process.
  4. Apart from the Rental Agreement there are some other documents that you might need i.e., documents of the property such as khata, sale deed showing that you are the owner of the property or the parent deed in which you may be shown as the legal owner of the property, etc.
  5. Once the RCOP is filed then the court shall carry on the proceedings as in a civil suit.
  6. The Court shall after hearing both the parties may pass an order of eviction.
  7. Once the Order of Eviction is passed the Tenant shall vacate the property.
  8. Even after the Eviction order is passed or he is is not satisfied with the previous order then he may file an appeal as Rent Control Appeal and the further appeal stage shall be the Civil Revision Petition.
  9. Even after the court has passed either the order on the original petition or an order on the appeal an still the tenant is not budging from the property the landlord may file an execution petition and the outcome of such a petition shall be either police interference or the revenue official may interfere and get the tenant evicted.
  10. It generally takes 1 to 2 years for this whole procedure.

Ganesh Kadam
Advocate, Pune
12892 Answers
250 Consultations

4.9 on 5.0

1. You may issue a legal notice to the tenant asking him to vacate the premises and further to pay the due rent arrears. In case he fails on notice file suit before the court seeking eviction and due rent arrears along the interest. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is best to serve legal notice and file an eviction suit. You can claim rent in the court. There is no other way out.

Mohammed Mujeeb
Advocate, Hyderabad
19298 Answers
32 Consultations

4.7 on 5.0

To evict the tenant, in case there is no written registered rent agreement ; rent is more than Rs.3500/-, the landlord can terminate the tenancy of the tenant by giving legal notice and the tenancy stand terminated from the date of receipt of the notice by the tenant.  On termination of tenancy, the tenancy become on day to day basis and the tenant is liable to pay damages at market rate on day to day basis  for illegal use and occupation.   

Now, the steps to be taken by you are - 

1. Hire a civil lawyer locally.

2. Send him legal notice terminating his tenancy

3. File a suit for possession, recovery of outstanding rent and damages for illegal use and occupation from the date of termination of the tenancy.

 

 

 

 

 

 

Dalip Singh
Advocate, New Delhi
1078 Answers
36 Consultations

5.0 on 5.0

Go ahead by filing a small cause case or  civil suit in this regard.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

Hello!

Get issued a detailed legal notice to pay arrears of rent and vacate the property.

If they do not comply institute a suit for recovery of rent and eviction.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

You need to immediately send him legal notice and file eviction suit against him

Prashant Nayak
Advocate, Mumbai
31066 Answers
162 Consultations

4.1 on 5.0

The rent agreement must have been registered. File a suit against him in the rent vontrol act court. But before send him a legal notice.

Rahul Mishra
Advocate, Lucknow
14054 Answers
65 Consultations

5.0 on 5.0

File police complaint against him for trespassing 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Send them notice for eviction and recovery of pending rent and tell them to vacate immediately.

2. Then file eviction suit before rent control authority.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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