Amicable settlement is best option
2) pay tenants 70 per cent of market value of premises
3) if they refuse on redevelopment give them equivalent area on ownership basis
Tenants for 50 years
We are going for our property redevelopement and have tennants since 50 years. there was no agreement then and the rent collected was also nominal upto rs 50/month. The house was rented to parents of current tennants. the builder has offered same area + additional area at x rate. Also as a lanloard we are demanding some rate for ownership transfer. but the tenants are financially in capable to pay for all. What is the amicable way to evict the tennant.? is there any amount to be paid to the tennant for eviction? at what rate?
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
You need to send him eviction notice and then file eviction suit. You can also settle the matter with him by offering him a settlement plan
You can sent them a legal notice for eviction. give them some time, say one month to evict.
Rate of transfer ownership is vary from state to state
Dear Sir/Madam,
It is suggested that any work done under mutual consent is acceptable. Either you may ask the tenants to pay in installments for the ownership transfer or you also pay at the nominal rate for eviction under mutual agreement.
If there is no agreement between you and the tenant, a simple eviction notice is required to evacuate them followed by an evacuation suit. This can be done provided you have not accepted rent after demise of father of the tenants.
Tenancy is once and on perennial basis therefore, your tenant may take adverse possession claim if after demise of his father, no efforts by you or your father were made to evacuate them. Hence, it is amicable for interest of both the parties, to allot your tenant an alternative place for residence. He shall pay rent there and evacuate your property. You both may negotiate and get an Memorandum of understanding executed between yourself and the tenant so that he may not claim anything over and above what is decided.
- You should send a legal notice to the said tenant for the termination of tenancy , and further can narrate the conditions of settlement , and ask the tenant to settle the issue amicably.
- Further , if refused , then file an Eviction petition before the court , and then settle the dispute with the said tenant with the help of court without going for trial in the case.
- Since , the financial condition of the said tenant is not sound , then he will compromise on the first date of hearing.
The tenancy is reportedly over 50 years hence the tenants may claim tenancy rights especially when the propert5y is going for redevelopment.
In the case of tenanted buildings in suburbs, the redevelopment initiatives has to be taken by the land owner. It is normally the land owner who engages the developer and the developer agrees to give the tenants the ownership rights in the new building of the same area or with little additional area. In the case of tenanted building, the entire rights of redevelopment is with the land owner.
Pagdi tenants living in non-cessed buildings before 13th Jun 1996 are eligible for new flats whenever their building is redeveloped according to the new guidelines issued by BMC.
In your case you have to somehow manage to convince the tenant by giving a lump sum amount to vacate the rented premise because any legal action that you may propose to take against him for evicting him through due process of law my backfire and you may be in more legal trouble in view of the tenancy rights in vogue which is in favor of the tenants.
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if the tenant has paid the rent regularly according to the agreement between the two parties. However, the owner can evict a tenant if he wants to use the premise himself. you can issue a legal notice through an advocate and file eviction suit before jurisdictional court.
There cannot be any 'amicable' way to evict the tenants
The tenants will have to be paid the market value of their premises minus the landlord's transfer fee
