• Tenant not Vacating after expiry of lease.

Hi,
I have signed a Rent Agreement with a tenant for 11 months and it got expired on 31st December 21. We have been asking them (orally) to vacate but they are delaying it. We sent a registered letter asking them to vacate the premises by 30th April. I want to use the property myself. I have been staying with my son and now I want to go back to my own house with my wife. Both of us are senior citizens with no other property in our name.
The tenant is delaying again and again (now saying May 31st) saying that he is not getting another property at the same rent. Is there a way to vacate them quickly? Pls guide.
Asked 3 years ago in Property Law
Religion: Hindu

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10 Answers

File case in the Court of  Rent Controller under Section 11 (3) of Kerala Buildings (Lease and Rent control) Act, 1965 on the ground of bona fide requirement. Seeking eviction for default in payment rent requires a prior notice to tenant for payment rent and if tenant pays rent, no case can be filed. Better of  seek eviction on ground of bona fide requirement.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Hi, First you have to issue the legal Notice as contemplated under 106 of the TP Act and thereafter you have to file a suit before the Court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

File suit for eviction against tenant fir failure to vacate premises 

 

seek expedited hearing as you are senior citizens 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

Send a eviction notice and file eviction proceedings against him

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

There is no way to get him vacated other than by due process of law.

You being a senior citizen , you may not be able to exert physical pressure on him to vacate the premises, therefore you may have to file an eviction suit alone for the said reasons.

 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2499 Consultations

It amounts to eviction notice 

 

not necessary to send through lawyer 

 

file eviction suit in first week of may 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

Your letter asking him to vacate the premises itself can be treated as an eviction notice.

Since you have committed and given him time till April 30th, you may have to wait for the time elapse.

 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2499 Consultations

Need to check the contents of the letter. 

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

Dear Client,

                 This is one of the most common reasons for tenant eviction. A landlord can do with a delay of a month or two, depending on the duration for which the tenant has been living in the property. But, in case your tenant is skipping the rent for a long time now, it is time to let them go.In the eviction letter you will have to clearly state the reason behind evicting the tenant. Wherever possible, give examples. Also, make sure you tell them that this is against the rules set in the lease agreement.An eviction letter should clearly mention the time period within which they must leave the property. The time can vary between 1-3 months depending on the reason. In case the tenant has been living in the property for long, but has been breaking the rules lately, you could send them an eviction letter as a warning. You could also share some remedies following which the eviction could become null and void.

Eviction process is equally professional just like the one you follow when you give your property on rent.You will need a lawyer for the process to be smooth and doesn't cause friction between you and your tenant. Moreover, a lawyer will ensure that your case is strong and that the tenant must be evicted. A formal eviction letter should be sent to the tenant before you move the courts.A suit is then filed in the civil court and then the tenant is notified for the hearing.Either the tenant leaves the premises without visiting the courts or may contest the notice. In case the tenant contests the case, you will have to wait for the court to give a decision. Make sure you have strong arguments and proof to ensure the eviction happens.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

- Since , you have already terminated the tenancy right after sending a legal notice to him , then he is bound to vacate the premises legally. 

- Further, if not vacating , then you can file an eviction petition before the court after passing the given period in the notice. 

- Further , as you are a senior citizen , then you can also lodge a complaint under the Senior citizen Act against the said tenant to vacate him. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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