• Tenant not vacating my flat

Hi,
I rented out my apartment in Bangalore before moving to United States. I made the agreement with tenant which is supposed to be valid for 11 months. After that we verbally agreed to extend the agreement. This has been happening from past 5 years. Now I am planning to sell the flat but tenant is refusing to vacate. He seems to be taking an advantage of my absence. How can I proceed with legal eviction process while I’m remote ?
Asked 2 months ago in Civil Law

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17 Answers

Issue legal notice to tenant to vacate premises 

 

2) if he refuses file suit for eviction against tenant 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

- If the rent agreement has expired , then the tenancy will be considered as month to months basis , and the tenant is bound to pay the rent regularly, otherwise landlord can evict him from the tenanted premises.  .

- However, if you want to remove him , then send a legal notice for terminating the tenancy , and ask for vacate the premises , and should mention that if not vacated then the tenancy will be day to day basis ,and further occupation in the premises will be treated as trespasser. 

- If not vacated , then file an eviction petition before the court. 

- Your presence is not mandatory before the court for filing the suit and pursue 

- You can give POA to any relative or nearest one to engage a lawyer and to appear on your behalf before the court in need. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

You can execute POA in favour of family member duly attested before Indian consulate  for filing suit for eviction 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

First and foremost, issue a legal notice for eviction directing the tenant to vacate the premises within a period of 21 days (at least).

If the tenant does not pay heed to that then file a suit for eviction before the civil court. As you are residing in United States (US), you need to execute Power of Attorney (POA) in favour of any family member. The said POA has to be duly attested before the US consulate (as you will be signing it in the US) and then the Indian consulate. POA would suffice the purpose of you not coming to India to pursue the case. The POA can look after and manage the court case on your behalf,  

Hope this satisfies your query! All the best!

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

5.0 on 5.0

hi 

give power of attorney to someone to handle the legal cases. you need not to come to India as of now.

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

you can initiate the process of eviction by identifying a suitable advocate at Bangalore, firstly by issuing a legal notice followed by a suit for eviction before the competent court, basing on the response to the legal notice to be issued. your personal presence is not required. if necessary you can issue a GPA.

Sricharan Telaprolu
Advocate, Hyderabad
115 Answers
31 Consultations

4.9 on 5.0

Dear Sir

1. As far as eviction is concerned, you would have to file a petition before the competent Rent Control Court to seek eviction of the tenant. Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include willful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.

2. In case of a verbal agreement, you are required to give a 30 day prior notice to the tenant, if the tenant fails to vacate the premises, you can approach the Rent Control Court. 

3. In a civil suit, the presence of both the plaintiff, who files the suit, and the defendant, who is sued, is necessary. In each case there are two categories; first one is the necessary party and the other is proper party. A necessary party is one whose presence is indispensable to the constitution of the suit, against whom the relief is sought and without whom no effective order can be passed. A proper party is one in whose absence an effective order can be passed, but whose presence is necessary for a complete and final decision on the question involved in the proceeding.

Thank You!

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

You first send him an eviction notice to vacate the rented premise.

If he fails to comply with the demands made, you may drag him to the rent controller court with a suit for eviction.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can authorize your power of attorney agent to take care of your case  and represent you in court during your absence, rest of the things will be taken care by your advocate.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

To start the eviction process, the first thing you will have to do is provide the tenants with a formal eviction legal notice. In most states, this is the first part of the legal eviction procedure.

If your tenant fails to vacate even after 15 days of receiving the legal notice, you will have to approach court and file a suit for eviction.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

You can give POA to any relative. 

Your physical presence is not required.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Dear Querist, in relation to your query my opinion is as follows:-

1. You don't require to be present here in India physically, you can deal with this situation through any power of attorney holder for this purpose, which can be anyone from your family, friends, relatives etc.

2. You need to give a notice for eviction and after giving that 15days notice to evict from the house, you can file a civil suit for eviction.

In case, you need to ask any other question in relation to the above mentioned query, feel free to contact.

Puvali Singh
Advocate, Delhi
33 Answers

5.0 on 5.0

Hi,  you can issue a legal notice ask your tenant to vacate the premises.  There after you can file a suit. You can file a petition in the U S itself.  Your presence is not required at the time of filling the petition. 

Pradeep Bharathipura
Advocate, Bangalore
5135 Answers
282 Consultations

4.5 on 5.0

1. Yu should have extended the leave and license agreement for multiple of 11  months even while staying abroad. what you were required to do is that you should have obtained the copy of the fresh L&L agreement printed on stamp paper at your place and append your signatures thereupon at appropriate places before the appropriate officer of the local Indian Consulate attesting your said signature.

 

2. The said  L & L Agreement in original should have been sent to your lawyer in India to take the signature of your licensee.

 

3. Now, you shall have to file an eviction suit in India from abroad following the procedure as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1. You can file the suit while staying in the US also.

 

2. Follow the procedure as suggested in my earlier post to execute L & L Agreement from abroad to file the suit from USA.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

You can give POA to any family members for eviction suit or to remove the tenant from flat.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

First send him eviction notice through lawyer. Then file eviction proceedings. If you need any further assistance then you can approach me through LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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