• Evict a sub-tenant with help of police

I need to evict our tenant who sub let the rented house from past few year but recently we have notice that our tenant already have another own house and shop (property) in same town. And he sublet rented house from.past few year

his sublet paying rent in april for whole past year on behalf of our tenant ( rent bill in the name of our tenant)
can i evict the subtenant with help of police and get possession back ?
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

You have to file suit for eviction of tenant of he has sublet it without your consent and has another flat in his name 

 

you cannot forcibly evict him with police assistance 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

You can't take police help. First send him a eviction notice from lawyer. Then if he doesn't evict file eviction suit against him. 

If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

You need to file a suit for eviction of tenant under Section 15 (1) (a) to the Act as violation of term the tenancy agreement and Section 15(1) (n) of the Maharashtra Rent Control Act, 1999 on the ground the tenant has sublet the premises and is not residing at the rented property. Police has no  to interfere in the matter as the dispute is of civil nature

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Tenant has to deliver possession of premises to you 

 

you have to file eviction suit against tenant 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

If you can convince the sub-tenant to evict the house, take possession of house from him by taking a written consent to vacate the property.


Your main tenant has lost all his rights of tenancy by subletting. He is no more a tenant now. He cannot approach any Court claiming that he sublet the premises and sub-tenant is evicted by landlord  without his consent. That is way a consent or undertaking by sub-tenant that he is vacating willingly. But do take a consent letter. That will be proof of subletting.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

  1. This is a civil matter, not a criminal one. So police has no jurisdiction here. 
  2. You have to file a suit for eviction against the tenant and the subletee in civil court to lawfully get back the possession. 
  3. You have to appoint a competent counsel (advocate)  for the litigation. 
  4. I'm willing to handle your matter as your counsel. However, I require an exhaustive consultation session with you. You have to visit me for that. I'm based in NaviMumbai /Mumbai and hence it shouldn't be any difficulty for you to pay me a visit. 
  5. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)  

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

Yes you can get in above circumstances

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

- You can evict the said tenant from the tenanted premises on the ground of sub-letting without your consent after filing an eviction suit before the court. 

- However , before filing the petition you can send a notice to the said sub tenant for evicting the premises , and declared that his position in the premises is just like a trespasser. 

- Further, you can file a compliant against him before the police for the offence of trespassing. 

- A police having no role to evict the tenant from the premises, except a court order 

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

The police may not come to your rescue in this aspect.

It is a rent control law to be dealt by the rent controller court 

You may have to issue a legal notice demanding the tenant to vacate since he has illegally let out the rented premises to a third party  and this sub-letting is not permitted as per the rental agreement, hence he should vacate the premises for breaching the agreement conditions. Then you can file an eviction suit before the court to evict him for this reason.

 

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

If you want to indulge in an illegal act by forcibly overthrowing the tenant then you may be in a fix for having taken law into your hands, hence better adopt due process of law instead of adopting such measures for your own good. 

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

Dear Sir/ Ma'am,

The Supreme Court had stated that , “Sub­letting, assigning or otherwise parting with the possession of the whole or   any   part   of   the   tenancy   premises, without   obtaining   the consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord”.

Hence if your property was sublet without your prior consent you can go immediately file for an eviction suit.

Thank You.

 

Anik Miu
Advocate, Bangalore
8830 Answers
110 Consultations

4.7 on 5.0

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