• Tenant did illegal civil work

Hello,

Well i am from Mumbai and i need some legal advice. We have rented our raw house to a tenant for lease of 5 years. Now it has been 2 and half year the tenant have done lot of structural and civil changes on our property without our permission which is against the terms of our agreement which is registered. He pays rent on time.

Even after several meeting he still keep on doing changes on our property. We decided to vacant him so we meet him but he denied to vacant the property and asking money for the expenses he have done on our property which is without our permission as its clearly mentioned in our agreement that the tenant cant make any structural or civil changes. 

We hired a high court lawyer who circulated a Legal notice to vacant our property but the tenant didnt gave any reply to our notice. Following we approached local police station through which we called up the tenant and set a meeting in front of the PSI, conclusion of the meeting was that we should dismiss the old agreement and make 11 months agreement and allow tenant to stay for the renaming time period which is left that is 2 and half years of 5 years as per last agreement than the tenant wont ask for money what he have spend but if we want to vacant our property right now we have to pay the amount he have spend on our property.

We dont want this tenant anymore. So can anyone suggest us how to remove him as i have heard that i cant use illegal force to vacant him and if we go to fight in court the case may run upto to 6 month, 1 year , 5 yrs , 10 years or even 20 years.

We are a middle class family who have struggled hard to make this property and now we are really having sleepless nights due to this tenant issue.

Please anyone suggest us how to get our property vacant as soon as possible.
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
Hi, Tenant has no authority to make structural alteration in respect of tenanted premises and it is violation of agreement.

2. From your narration you have already issued notice to the tenant so now you have to file a suit for ejectment.

3. Take a service of the civil engineer and assess the damages caused to your premises and ask him to give a report in writing  and ask for damages also from the tenant in the same suit.

4. Don't entertain police in the civil matter and  they have no authority to deal in civil matter further you tenant may "U" turn to you after some time. 

5. So it is better file a suit for ejectment and also damages.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) yiu have to terminate leave and licence agreement as tenant has made structural alterations without your consent 

2) since you have already issued legal
Notice tenant should vacate on expiry of period of notice 

3) if he refuses to vacate file eviction suit 

4) you don't have to pay tenant for alleged  improvements made in your property 

Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
The police will not interfere in this tenant ownership issues.
Since you have already issued notice and he is not complying to your demand, you may file an eviction suit to eject him from the suit property since he violated many clauses and conditions of the lease agreement.
You can ask the court to direct him to handover vacant possession. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
File a case for eviction after the notice period. Police has no role in your case. Not to act according to police instruction. This is purely civil case. 

Check whether there is any clause for alteration were made mention in the rent agreement? It is not mention in the agreement doing any civil work done by the tenant is violation of agreement. In the above case a Tenant can act only with the approval of land lord. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. A tenant who makes any alteration to the property without the consent of the landlord is liable to be evicted from the premises in accordance with the law. So you can file a lawsuit for eviction against him in the court. 

2. If he is carrying out continuous alterations to the property then the remedy is to seek injunction against him, which may be issued on the very first date of hearing.

3. If you have issued the notice, to which your tenant did not reply, it is time for you to file the case for his eviction in the court.

4. Police has no authority of law to intervene in a case of this nature. It overstepped its authority by calling the tenant. 

5. It is true that you cannot use force to oust him. You have to avail your remedy only before a court of law. On your representation the court can expedite the proceedings.

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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