Evict a non-paying tenant
My parents have given our house in Kerala on rent since September 2012.They are staying with me in Bangalore.The agreement had been prepared for 11 months validity where it was mentioned that tenant has to pay the rent on or before 5th of every month.We have renewed the rental agreement every year.In the initial few months the tenant never paid the rent on time and we had to repeatedly make calls to make him pay.We once,visited the house suddenly and locked up our belongings ,that were left behind, in a room.Since then he has paid the rent on time.He did not pay the rent in February 2016 on time and we managed to get it after repeated calls.This month(March 2016) he has not paid the rent till date in spite of repeated reminders.The agreement is valid till June 2016.
I need to evict him.My family friend, lawyer,suggested sending a legal notice citing personal use and asking him to vacate within 1 month.
Please guide me how to prepare and send the notice
Asked in Property Law from Aluva, Karnataka
1. Yes, if the tenant is not vacating the premises then suit for eviction is only option.
2. For this you have to first send eviction notice.
3. On the expiry of one month time given in the notice you can file suit for eviction on bona fide need of the premises for your use.
Hi, As the tenant is not paying the rent in time so on the basis of that only also you can evict him form the house.
2. First you have to issue legal notice and thereafter you have to file suit in the court for eviction.
1. A tenant who defaults in payment of rent is liable to be evicted on this ground. So the landlord can file a petition for his eviction in the court.
2. It is illegal on the part of the landlord to lock up the rented property without a court order. The due process of law has to be followed.
1) you can issue legal notice and terminate leave and licence agreement
2) if licencee fails to vacate file suit for eviction
Please find herewith the contents for your vacation notice
a) From address: your parent's address
b) Recipient address: Your tenant's address
c) Subject: Non payment of rents on time, reference your lease agreement Dated____/MM/2015(The current lease agreement).
With reference to the above mentioned subject, we regret to inform you that you have not been paying rents on time and as per terms of agreement and your act of non payment of rent of time is causing lots of financial hardship to us.
We also wish to bring to your notice that we have decided to relocate to _____ town (the town where the property is situated) on or before _____(DD/MM/YYYY) and hence will be requiring our property for our own self occupation.
We hereby issue you this vacation notice and you are hereby requested to vacate the premises on or before ____(30 days notice). You are hereby requested to handover the possession of the property in clean and usable condition and upon you vacating the premises, we will return your advance monies deposited with us. Thanking you .
Getting a tenant vacated is a herculean task, especially if you issue notice for the tenant to vacate before expiration of the current agreement, he may feel offended and may approach court with an injunction suit against you, this will lead to an endless and tiring litigation for years, that too from lower courts to higher courts etc.
You can issue notice for default of rent and can warn him that this will lead to eviction, wait for some more time and then initiate necessary action through court if need be.