Issue legal notice to vacate the property as you require the same for your own personal use
2) if he fails to vacate file eviction suit
3) don’t enter into any agreement with any buyer unless all tenants vacate the property
Problem in evicting a tenant
Hello I am selling my property it has 5 tenants all are ready to vacate but 1 tenant is not agreeing to vacate and in fact threatening me ( owner) for dire consequences and telling that he will not vacate whatsoever even if police interfere or court interfere or even local leaders, i want to deal this calmly and close this matter without the involvement of the local leader or goons, that's why I want to do it legally via the court what would you suggest is the best thing to do? Because i have a buyer ready to buy the property and his only condition is that he doesn't want to keep any tenant. My buyer is already asking me to do the sale agreement so that he dont have to scout for other property and he can wait until all tenants get vacated and then he will pay the balance 90% amount. I want a legal remedy and want to take immediate action against this tenant.
Asked 2 years ago in Property Law
Religion: Muslim
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10 Answers
Dear client,
Sorry to hear about your situation. Under the Rent Control Acts that apply to your state in India, you may file a lawsuit. The first step is to serve the non-cooperating tenant with a legal notice outlining the precise grounds for eviction in accordance with the current law. Section 106 of the Transfer of Property Act normally mandates a reasonable notice period. You can file a petition for eviction at the Rent Control Court with specific grounds, such as arrears, intentional default, or threat to the landlord's safety, if the tenant doesn't comply. In addition, you can use the applicable criminal intimidation portions of the Indian Penal Code.
Hope this helps you.
You can issue a legal notice to the tenant instructing him to vacate since you are going to sell the property.
Before that you ensure that the rental agreement is expired or nearing expiry.
Or observe the conditions of rental agreement and comply them before approaching rent controller court with an eviction suit.
You have no option than to approach court for this purpose.
- Legally, an owner has his right to sell his property without the consent of the tenant .
- You can issue a legal notice to the said tenant to terminate the tenancy , and if not vacated then file an eviction petition before the court on the ground of boanfide requirement or non-payment of rent.
Send an eviction Notice through a lawyer to this Tenant. File an eviction suit thereupon.
Thank you all for your suggestion i wanted to know details like 1) How many months would it take to get an eviction order from the court 2) What are the precautions i should take like what to do or not while case in still in on 3) what are the things that tenants can do and what is the maximum time he can ask from court and during the process of the eviction suit would he be still paying the rent? if yes directly to me or to the court 4) While filing an eviction suit can i also add something that the tenant must compensate me for the mental agony that i go through while i try to evict him.
Asked 2 years ago
If you have leave and licence agreement then eviction suit would be disposed of in one year or so
2) other suits for eviction take years to be disposed of
3) tenant would deposit rentals in court
4) you can claim penal rent if there is clause to that effect in your leave and licence agreement
Dear client,
- Depending on the court procedures and caseload in your area, the time it takes to obtain an eviction order may change.
- During an eviction case, precautions could include keeping up with the right paperwork, following the law, and refraining from any behavior that might be interpreted as harassment.
- Tenant rights might exist in India, and the country's eviction regulations can be complicated. They are able to ask the court for more time and oppose the eviction. Tenants may be required to pay rent to the court during the proceedings; the court will determine the exact amount.
- Claims of mental suffering may not be easy to prove in eviction proceedings.
Hope this helps you.
1. It is another regular case, hence it has to undergo the regular process of any other case, therefore the time taken can be between one and two years also.
2. During the pendency of the case you cannot even attempt to alienate the premises.
3. It depends on what strategy the tenant's advocate will adopt to drag on the case.
4. No, that cannot be claimed in this eviction suit.
1. Depend upon the burden of the court
- Further, if eviction is on the bonafide requirement ground, then eviction order can be passed within a short period of time.
2. You can produce the proofs of those tenants , who are ready to vacate the tenanted premises.
3. If you will refuse to receive the rent , then he can deposit the same before the rent controller.
4. You can ask for damages , if the tenancy already terminated by you after giving a notice in that regard.
You need to file eviction proceedings against him after sending notice it may take time but you will get rent and losses suffered by you during vacation
