• Tenant not evicting the property post one month notice

I've rented my flat in Ahmedabad, on a 12 month period leave and license agreement, the agreement clearly states both parties can vacate the property on a one month notice post the lock-in period, my tenant refuses to vacate the property even after serving the one month notice, he says won't vacate until the leave and license agreement expires. We have had a renewable leave and license agreement with him from the past five years.. Now we fear he wants to illegally occupy the possession of the flat.. Also what does the Gujarat Rent act say, if the tenant doesn't vacate the property even after serving him an eviction notice through an advocate.. What is the procedure and who is the competent authority to approach to evict the tenant ?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

You have to file suit for eviction against tenant if he fails to vacate on expiry of notice period 

 

2) you have to contact local lawyer in Ahmedabad in this regard 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

If there is Rent Act in your state then Leave and Licence agreement is nothing but an Rent agreement. 

In such case grounds of eviction depends as per the provisions of your Rent Act.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hi,


Properties in Gujrat are governed by the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Since there is a written contract in place the first preference will be given to the terms mentioned therein. Apart from this, Section 13 of the rent control act lists out the reasons whereby the landowner can ask for the recovery of his property. It states as follows -

(1) Notwithstanding anything contained in this Act [but subject to the provisions of section 15], a landlord shall be entitled to recover possession of any premises if the Court is satisfied-
(a) that, the tenant has committed any act contrary to the provisions of clause (o) of section 108 of the Transfer of Property Act, 1882; or


(b) [that, save as otherwise provided in section 23A, the tenant] has, without the landlord's consent given in writing, erected on the premises any permanent structure; or


(c) that the tenant or any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to the adjoining or neighboring occupier, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes; or


(d) that the tenant has given notice to quit and in consequence of that notice the landlord has contracted to sell or let the premises or has taken any other steps, as a result of which he would, in the opinion of
the Court, be seriously prejudiced if he could not obtain possession of the premises; or

(e) that the tenant has, since the coming into operation of this Act [unlaw-fully sub-let] the whole or part of the premises or assigned or transferred in any other manner his interest therein; or

[(ee) that the tenant has, after the commennent of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963, given the whole or any part of the
premises on licence for monetary consideration to any person, without the previous permission of the landlord; or 


(f) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the coming into operation of this Act, to be in such service or employment; or


(g) that the premises are reasonably and bonafide required by the landlord for occupation by himself or by any person for whose benefit the premises are held [or where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purpose of the trust]; or

(h) that the premises are reasonably and bonafide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; or

[(hh) that the premises consist of not more than two floors and are reasonably and bonafide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sought to be demolished; or]

[(hhh) that the premises are required for the immediate purpose of demolition ordered by any local authority or other competent authority; or]

(i) that where the premises are land, such land is reasonably and bonafide required by the landlord for the erection of a new building; or
[(ii) that where the premises are land in the nature of garden or grounds appurtenant to a building or part of a building, such land is required by the landlord for the erection of a new residential building which a local authority has approved or permitted him to build thereon;]


(j) that the rent charged by the tenant for the premises or any part thereof which are sub-let 86[before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] is in excess of the standard rent and permitted increases in respect of such premises or part or that the tenant has received any fine, premium, other like sum or consideration in respect of such premises or part; or

(k) that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit; or

(l) that the tenant after the coming into operation of this Act has built, acquired vacant possession of or been allotted a suitable residence.

You can claim your property under any of the mentioned clauses above and for any other violation done by the tenant in addition to your compliance in giving the notice as agreed upon in the contract. In Gujrat the competent authority as listed is the Court of Small Causes in your area or the Court of the Civil Judge (Junior Division) having jurisdiction in the area in which the premises are situate or, if there is no such Civil Judge, the Court of the Civil Judge (Senior Division) having ordinary jurisdiction.

 

If you found this helpful please rate my answer.

Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

File an application for eviction of tenant before Rent Controller  through the local advocate and for damages for illegal use and occupation of the premises from the date of receipt of the legal notice. 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

He is in an illegal possession of the flat and hence he should be evicted immediately. An eviction suit must be filed in the district court.

You should show that you have a bonafide need and hence you need the flat.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The tenant may not vacate despite issuing an eviction notice.

You may have to approach the rent controller court with a suit for eviction on the basis of the eviction notice issued to him.

The grounds on which you are evicting the tenant should be in consonance with and should be admissible under the corresponding State's rental laws.

The rental law in India empowers landlords to file an eviction suit against the tenants provided justified reasons and specific conditions

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Dear Sir,

 Please approach local lawyer who is well versed with local laws.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Querist

Under section 12 (1) of the Gujrat Rent Control Act, a landlord cannot file a suit for recovery of possession

Section 12 (1) A landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of the standard rent and permitted increases, if any, and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of this Act.

but 

Under section 12(2) the landlord may institute the suit for recovery of possession if the following condition has been fulfilled by the landlord and the tenant is in default

 

         12 (2) No suit for recovery of possession shall be instituted by a landlord against a tenant on the ground of nonpayment of the standard rent or permitted increases due, until the expiration of one month next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of the Transfer of Property Act, 1882

 

as you already served the notice to the tenant then now you may file a civil suit for eviction and recovery of vacant peaceful possession of your property.

You may file a civil suit for eviction against the tenant before the Court of Small Causes of Ahmedabad as per section 28 of the Act.

28 (a) in the City of Ahmedabad, the Court of Small Causes of Ahmedabad,]

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

you need to file a eviction suit in the above case with the competent authority in Ahmedabad. It depends on the nature of property and location.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer