• The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021

Hi As per Model Tenancy Act 2021 which is now applicable in U.P .
 I am a Landlord how to get tenants of my shopping complex get evicted.
 On what grounds He/She can be evicted ,if he/she is regularly paying rents on time. 
 as i have a shopping complex which has more than 30 shops 
 and i want 10 to 12 tenants to be evicted and lease it to new tenants .
Asked 3 months ago in Property Law
Religion: Hindu

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9 Answers

The Allahabad High Court held that under Section 21(2)(m) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, there is no requirement of prior notice to tenant for filing an eviction application before the rent Authority under the Act, if the eviction is for personal use of the tenanted premises

 

2) if you require premises for personal use then you can ask tenant to vacate . 

  • If the rent is paid on time and the landlord does not intend to use the property for personal purposes, the landlord cannot evict the tenant for at least five years, according to the Supreme Court of India.
  • A tenant cannot be evicted without first receiving an eviction notice from the landlord.

 

3) he Model Tenancy Act mandates that properties should be rented after signing a rental agreement that includes the period of tenancy, the agreed-upon rent increase and fixed security deposit (up to two months' rent for residential and six months' rent for non-residential premises

 

 

4) 

Any of the following reasons may be used to evict a renter from your property:

  • If the tenant’s behaviour has significantly reduced the property’s worth or value
  • If the landlord intends to construct another building that will require the destruction of the property.
  • If the tenant does not pay the rent (as specified in the rental agreement) for more than 15 days after the due date, one may file an eviction lawsuit.
  • If you or a member of your family needs the property for personal or family reasons.
  • If a renter has rented a home, apartment, or other property to someone else before without your knowledge or consent.
  • In the event that the neighbour deems the renter’s behaviour objectionable and the landlord has been the subject of complaints regarding the tenant.
  • if the tenant used the rental property in an unauthorised manner or for a purpose not authorised by the rental agreement.
  • If the renter intentionally tries to prove that they are the property’s owner.
  • In case the Landlord needs to destroy the current structure in order to build a new one.

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

If the lease or the rental agreement was entered into with the tenants by a registered deed, then you may have to wait for the expiration of the agreement and then refuse to renew it, if the tenant is not vacating then you may file a  suit for eviction.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

- As per law , the grounds for eviction depend upon the specific terms and conditions mentioned in the rental agreement, and which may be as under :-

  • Non-payment of rent
  • Breach of lease terms, such as subletting the property without permission or using the premises for illegal activities. 
  • Property damage
  • Nuisance or disturbance, i.e. if the tenant's behavior or activities create a nuisance or disturbance to the neighborhood or other tenants, the landlord may have grounds for eviction.  
  • Owner's personal use
  • Major repairs or demolition

- Since, you have more shops then you cannot opt for the personal use and non-payment of rent , and hence you you can adopt others options for the termination of tenancy .

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

Since you're the owner of a shoping complex and desirous to evict 10 to 12 tenants at once, you've only one ground to evict the tenants: "Abusing or threatening behaviour of the tenants"....and another ground: "The damage of rented property".

 

On aforementioned grounds, you may proceed with the help of your advocate.

Raj Kumar Mishra
Advocate, Allahabad
172 Answers
2 Consultations

4.5 on 5.0

There’s no ground for eviction available as you do not require property fir personal use or on any other other ground 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Yes you can file the same. You need to opt for the ground mentioned in that act and make out a case within that

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

You have clearly admitted that you do not have any grounds to evict the tenants as per the rent control act hence you cannot evict the tenant legally.

Therefore the next option is that you wait for the expiration of the current rental agreement of each tenant and refuse to renew the rental agreement anymore with them.

If somebody is insisting then you can enter into a fresh rental agreement instead of renewing it with the new terms and conditions.

 

 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

- Under UP Model tenancy Act 2021 , the rent to be paid about the premise has to be agreed upon between the landowner and the tenant as per the terms in the tenancy agreement. The revision of the rent should also be agreed upon by both parties.

- Hence , you can issue a notice to the said tenant to increase rent , as there is no registered lease deed , and if the tenant not increased the same then you can opt for filing the eviction petition or petition for increasing the rent. 

- You can engage a lawyer from this website for drafting the notice. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

Dear Client,

Given that the renters are exhibiting appropriate behaviour, paying rent on schedule, and there is no evidence of damage or subletting, it may be difficult to discover grounds for eviction based on the information you have supplied. But still these grounds can be considered: You might be able to use non-payment or late rent as justification for eviction if there are any instances of late or unpaid rent. Verify whether the tenants have broken any particular clauses in the lease. This can involve making changes to the property without permission, doing things that aren't allowed under the lease, or breaking any other rules. If a renter needs the property for personal or family purposes, several laws permit landlords to evict them. But it appears that you have disregarded this. For significant repairs or renovations, landlords may have the right to evict tenants under specific circumstances. You have stated that the structure doesn't require significant repairs or demolition, though.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

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