• How to vacate the ground floor of my 3 stored house

at present the premises are occupied by the son of the former tenant who had died about 1 year ago. The original tenant was a defaulter and had not paid rent for 6 months. The occupier has not paid any rent.

He refuses to evacuate the premises .

What action can we take to have him removed.
Asked 2 years ago in Property Law from Kolkata, West Bengal
Eviction of tenant is lengthy process of laws,however you can send a Legal Notice to the present tenant calling him to quit and vacate the rented room for your own use,if he would not comply as per notice then file a Suit for Eviction on reasonable requirement and default grounds as per provision of West Bengal Premised Tenancy Act.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Do not accept rent form legal heir of original tenant.
2 If you do not acknowledge him as fresh tenant by accepting rent then after 5 years he looses all right of tenancy.
3. In the meantime you can file suit for eviction of tenant on the ground of reasonable requirement.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
issue legal notice and file suit for eviction on grounds of reasonable requirement
Ajay Sethi
Advocate, Mumbai
23386 Answers
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5.0 on 5.0
Serve legal notice termnating tenancy and then file eviction petition on bonafide requirement.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
A tenant who does not pay the agreed rent has no right to occupy the leased premises. You should issue a legal notice to the son of your tenant and ask him to vacate the premises. If he does not abide by the notice then file a case for eviction in the court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
A. Issue Legal Notice to the tenant for termination of Lease

B. File eviction suit before jurisdictional court along with recovery of arrears of Rent.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0

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