• Tenant refuses to leave

The tenant’s rental agreement expired over a year ago and they were asked to vacate the rental unit prior to their rental agreement expiring. Tenant has been saying they are unable to find a new rental unit and will vacate as soon as they find something but it has been well over a year and they still continue with the same excuses. Moreover, they never pay their rent on time. My mom, the landlord, has to remind them to pay the rent and they are usually 10 days late. I feel that the tenant is taking advantage because it’s just my mom (I live abroad). My mother convinced them to give us part of the unit back since we had a lot of family visiting, the rent was adjusted accordingly. It’s been 2 months since they gave us part of the unit back and they still keep saying they’ll move out within the next month. My uncle is a police officer and he has asked them to leave as well, hoping it would help coming from him but it’s only been done from the perspective of the landlord’s relative and we have not filed a case or started any legal proceedings hoping the situation would be resolved amicably but the situation is untenable now with verbal spats happening on a daily basis. The primary reason for asking tenant to vacate after rental agreement was that my mother stays in the upstairs unit but her knees have deteriorated and it’s become increasingly difficult for her to go up and down the stairs. What legal recourse is available to make sure tenant vacates the premises? I read somewhere that the landlord needs to pay security deposit back as a means of asking tenant to vacate but given tenant’s record of late rent payment, my mother is not comfortable doing so.
Asked 7 months ago in Property Law
Religion: Hindu

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7 Answers

Issue legal notice to tenant to vacate premises 


2) if they refuse file eviction suit against tenant and also claim arrears of rent if any 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

You send them a eviction notice and get them evicted from the property if they don't honour your notice 

Prashant Nayak
Advocate, Mumbai
28979 Answers
109 Consultations

4.1 on 5.0

- In the absence of rent agreement , the tenancy will be considered as month to basis, and hence the tenant is under the legal obligation to pay the rent every month to the landlord, otherwise she can vacate the tenant 

- Further, if your mother is in need of that premises due to being old age, then she can send a legal notice to ask the tenant to vacate the premises and to pay the arrears of rent 

- Further, if the tenant is not paying rent , then she can adjust the said amount from the security amount if deposited by the tenant . 

- If not vacated , then file an eviction petition before the court on the ground of bonafide requirement. 

Mohammed Shahzad
Advocate, Delhi
10835 Answers
136 Consultations

5.0 on 5.0

Your mother should send a legal notice instructing the tenant to vacate the premises and deliver vacant possession within a month from the date of receipt of the notice.

It should be followed by an eviction petition if the tenant is not complying with the demand made.


T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

Serve a lawyer's notice to the tenant and then file a suit for eviction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Having taken possession of tenanted premises, he is now a trespasser as he remains there without permission. File a criminal compliant in the Court of Magistrate under Section 448 against him. Your uncle can guide you. This is the fastest way to evict him. 

Ravi Shinde
Advocate, Hyderabad
3605 Answers
42 Consultations

5.0 on 5.0

You have the right to send a notice to the tenant regarding the eviction. For that, you’re required to file an eviction notice in a court under whose jurisdiction your property is located. In the notice, you should mention the appropriate date and time by which you want the tenant to vacate the property. This is what to do if your tenant is not paying rent.

Sometimes, the tenant refuses to vacate the rented property even after getting the eviction notice of the court. In that case, you can take the help of a rental property lawyer and file an eviction suit against the tenant in a civil court under whose jurisdiction your property is located.

Anik Miu
Advocate, Bangalore
6092 Answers
66 Consultations

4.9 on 5.0

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