I have 2 rooms under pagdi system which was given to the tenant 20 years ago by my parents and now want to vacate it for personal use Can I vacate both the rooms under pagdi system legally? What are the reasons to vacate as I want it for personal use? What if the pagdi tenants refuse to vacate?They are paying rents for closed rooms every four months .One of them is just utilising for sleeping for few hours and other is closed. Both the pagdi tenants are residing at different address. Since I want the room for my relative (brother)can I evict the pagdi tenants legally by serving eviction notice? I had a spat with one of the tenants residing at another address for utilising the room for my relative as it was closed for 3.5 years and now he mentioned he wants to give to his long relative for residing which has still not been given as he agreed to stay along and is still vacant or utilised for few hours. Can I still vacant him? Since the property is 20+ years old can I vacant both the tenants under pagdi system for non usage of room or premises for more than 6 months? I want to vacate both the tenants for personal usage as the rooms/premises are not fully used.
Issue tenant notice to vacate the 2 rooms as you want the said premises for personal use
2) if tenant refuses file suit for eviction against the tenant
3) if tenant is not residing in said premises and is owner of another flat you can evict the tenant by filing suit for eviction
I had a spat with one of the tenants residing at another address for utilising the room for my relative as it was closed for 3.5 years and now he mentioned he wants to give to his long relative for residing which has still not been given as he agreed to stay along and is still vacant or utilised for few hours. Can I still vacant him? He is utilising the room just for few hours
If he is utilising room daily for few hours daily you cannot evict tenant for non usage of premises
You can sue him for eviction on the grounds of non user, bona-fide requirement and also subletting
You will have to file an eviction suit in the Small Causes Court
You can take legal action against the Senate who is not using the property and keeping it closed for more than 3 years and also for erratic or irregular rental payment amount.
You can cite the reason as 'for own use' in your eviction notice as another ground/reason for evicting him.
If he is not responding then you can file an eviction to get him evicted through court of law.
If he is using the rented property for few hours in a month then it can be treated as that he is not in occupation of this rented premises, this also can be a good ground for eviction.
You may consult a local advocate and proceed as suggested.
Dear Client,
In many cases, landlords can legally evict tenants for personal use, but this typically requires specific legal procedures, including serving eviction notices and possibly obtaining permission from a Rent Control Authority or similar body. Valid reasons for evicting tenants for personal use may include needing the space for oneself or for close family members like your brother. You may need to provide evidence of the need for personal use. If the Pagdi tenants refuse to vacate after receiving proper notice, you may need to pursue legal action through the appropriate channels, such as filing a case in the Rent Control Court or similar authority. If a tenant has kept the premises closed for an extended period without valid reasons, this could potentially be used as grounds for eviction. Given the complexity of Pagdi system laws and eviction procedures, it's advisable to consult with advocate who specializes in property and tenancy law.
Yes he can evict him on grounds of rent act
- Under the Pagdi system, landlords can evict tenants on the following grounds :
1. Non-payment of rent by the tenant:
2. If the tenant sublets the property without the landlord’s permission, the landlord can evict them.
3. If the tenant engages in illegal activities on the property, the landlord can evict them.
- However, if the tenant is residing or using the said property , then the landlord cannot evict him on the bonafide ground, and specially when the landlord has another property
- Since, the said tenant is occasionally using the said property , then the tenant can evict him after sending a notice for eviction.
