File suit for eviction before competent authority
claim arrears of rent if any
cases before competent authority take a year to be disposed of
orders would be passed in your favour
Tenant not vacating property
I have given my tenant a notice (Dated : 18-Nov-23) to vacate the flat on [deleted]. Based on the notice given to them, I have decide made arrangements to move to the property on [deleted] with relocation arrangements made and repairs booked for the subsequent dates in the month. Now when the date of vacating the flat is nearing, the tenant has refused to vacate the flat till [deleted]. In the phone call recently, they decided to abuse me and asked me to do whatever I can, but will not vacate the flat. I will now incur losses if I change my plan and the unwanted to abuse I have faced. What legal steps can I take against such tenants? From my view, their abuse and behavior that the owner can go to hell and I will not move out. An advice how these cases can be treated will be very helpful.
Asked 4 months ago in Property Law
Religion: Hindu
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9 Answers
Since they have indulged in a criminal misdemeanor, you approach to the Police with a complaint against these guys. If the Police entertained you, and helps resolve this, this shall be the best bet for your. Else, file approach a lawyer and initiate an eviction suit.
you can file an eviction suit to retrieve your possessory right over the said property, along with the unpaid rents and the mesne profits. Along with that you can also claim compensation for harrassment and humiliation caused to you.
if the tenant persist on doing illegal activities against you then you can also file a police complaint against the tenant. Further assissatance can be provided to you as i have long experience of dealing with similar cases.
In an eviction notice you are supposed to give them one month notice period.
After that you can file an eviction suit for the reasons you rely upon.
If you keep talking to them, the unnecessary exchange of spats will increase, hence you can tackle the issue legally as suggested.
Dear client,
Sorry to hear about your situation. By bringing an eviction lawsuit in accordance with Rent Control Act, you can take legal action against non-compliant tenants. Make sure you have all the necessary paperwork, such as the notice that was served and any correspondence. You can submit a complaint under Section 498A of the Indian Penal Code for cruelty by a husband or relative of the woman if you believe the abuse you experienced qualified as harassment. If their hostile behavior damages your reputation, you might also file case for defamation under Section 499 of Indian Penal Code.
Hope this helps you.
If it’s a residential property of leave and license you can approach the competent authority or court for eviction proceedings. You can claim double the amount of rent from him if he doesn’t vacate and give you possession after expiry
If you have made proper leave and licence agreement with tenant and had registered the same, than as per L&L agreement tenant has to vacate the flat or property.
If you have given him proper notice as per agreement than he has to obey the agreement.
Still he is not listening to you than kindly make police complaint against him and you have rights to throw all his belongings out of premises as per agreement.
- You have to file an eviction suit in civil court.
- I'm willing to file such a suit on your behalf and handle the litigation as your counsel.
- You need to visit me for further guidance.
- ९८२०८९७८८४. (nine eight two zero eight nine seven eight eight four)
- You can lodge a complaint against the said tenant before the police and higher official for the offence of abusing and creating trouble
- Further , you should file an eviction petition against him before the court for vacating him from the tenanted premises on the ground of the said notice which you have already sent him for the termination of tenancy.
