Issue legal notice to tenant to vacate premises
2) if he refuses file suit for eviction
3) disposal of cases depend upon pendency of cases in small causes court
Tenant refusing to vacate
Hello, I have a shop in Hyderabad with I have for rent 5 years back under 3 years agreement. Rent agreement was expired 3 years back which was never renewed but I never asked him to vacate as he was paying rent on proper time . Now I have decided to run my own business and asked him to vacate 6 months back but he is refusing to vacate and he filed a petition in court that I’m obstructing his possession. Can anyone tell me what is the legal process to follow at this point and how much time it can take for process to be finished and evicted. Thank you
Asked 3 years ago in Property Law
Religion: Hindu
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18 Answers
Hi, First issue legal Notice as contemplated under Section 106 of the T.P Act thereafter you can file a suit for eviction.
Since he has already approached court of law for some reason, you have to follow the due process of law to evict him from your property.
For that you have to file a suit for eviction.
The time taken for disposal of the eviction suit cannot be predicted owing to various factors involved in it
You have no option other than approaching court with a suit for eviction to get him out of your property.
If you try any other option then you may be wasting your valuable time without any fruitful result at the end.
You need to file a rent case in the Court of Rent Controller, Hyderabad or Secunderaba depending on location of rented property. File such under Section 10 (3) (b) of Telangana Buildings (Lease, Rent And Eviction) Act seeking occupation of property for the purpose of starting your own business in the city. Before filing case, you need to issue him lawyer’s notice giving him fifteen days time to evict and after that file such case. It will take time but much depends you Advocate.
You need to send him eviction notice and then file eviction suit in the said matter
- As per law, in the absence of a rent agreement , the tenancy would be considered as month to month basis , and the tenant cannot refuse to pay the rent for any month .
- Further, as you are in need of this shop for personal use , then you can file a petition for eviction before the court on the ground of Bonfide requirement.
- Further, if an application moved by the tenant termed as Leave to defend , not allows by the court , then you will get the possession within 45 days of time from the date of filing the petition.
- Since, the said tenant has file an Injunction suit against you, then you can mention before the court that you have already filed the eviction petition before the court , and this suit is not maintainable, and hence no stay order can be granted to him .
Dear Client,
A landlord can ask the tenant to leave if he has completed the tenure as per the lease agreement. You can file an eviction suit in the Civil Court.
First, please send a legal notice demanding immediate payment of all arrears of rent and delivering up of vacant possession of the property. On default, file a suit for eviction at the proper court in consultation with your lawyer.
Thank you for response, is there any chance that’s tenant can get a permanent injunction of my property?
Asked 3 years ago
He would not get any permanent injunction
Why should he get a permanent injunction against your property, why? are you not going to challenge and nullify his allegations and seek for dismissal of his petition?
You are the landlord, he is the tenant, he cannot claim your property neither he has any reason to obtain permaneg your advocate will take care of everything, then you will be at loss, hence be vigilant about it
No
- Since, the rent agreement is not renewed , then there is mere chances to get stay order from the court.
- However, you can file your reply in his suit after stating the whole facts , and now to allow the injunction .
Today we got to find out what he filed and we got to know that he mentioned that we were very harsh with him and once we came with a group of 4 people and took out all the products in the shop to road and when he asked to renewed the agreement , we never returned his calls . But the fact is in the last 3 years we never even went there because it is almost 1:30 hours journey from my home to my shop. How can we prove that it was never happened because the shopkeepers on the neighbourhood will be on his support and will this be any problem to get hold of my property?
Asked 3 years ago
The ones what he has mentioned in his petition seeking injunction can be challenged at the time of trial proceedings when he will be cross examined. It is too long for the case to come to that stage.
Now you concentrate on what aggrieves you now and work towards the remedy for the present crisis which causes you the mental tension.
You know his case is false case, hence you don't worry about it, you can leave it to the advocate who will be handling the case before court.
You have to take care to engage a skilled and experienced advocate to handle the case.
Deny all allegations
burden of proof is upon plaintiff to prove allegations made in suit
you are at liberty to take eviction proceedings against tenant
- If you have receive the summons of the court, then you should file your reply after narrating the true facts ,
- Further, you should file an eviction petition as I mentioned above.
- All the allegation , he will have to prove before the court , and only on these allegations Injunction cannot be allowed to him.
Take action ASAP as adviced
You will have to file counter evidence to prove that nothing like this happened and the allegations made by him are bogus.
Please be guided by my earlier advice.