1. I have given house to rent in mysore since December 2011, now 5th term is running.
2. The present agreement term is from 1.6.2015 to 31.4.2016. Agreement is made and the original copy is with the tenant and I do not have copy of it. The rent is Rs 6850 Per month. The security deposit taken is Rs 65.000/-
3. Tenant is not paid rent since 6 months. In the earlier terms also he has not paid the rent regularly.
4. He belongs to ST Category.
5. He has not paid the electricity bill 7 months.
7. I had told many times to vacate the house orally. I also send one notice to vacate the through email and SMS.
8. It seems he is not serious in vacating the house, he always says, searching the house.
9. He is government servant and works in Electricity Department.
10. I am working private Engineering College as a Professor and away from Mysore.
Kindly advice me to vacate him
Asked in Property Law from Mysore, Karnatka
1) issue legal notice to tenant to pay arrears of rent and to vacate premises on expiry of agreement
2) if he fails to vacate file suit for eviction
3) your agreement must be registered . obtain certified copy from sub regsitrar office
File a suit for his eviction and also for recovery of the arrears of rent. He would be thrown out by the court after following the procedure laid down in the law.
Default in rental payment is a serious issue. You should have issued him a legal eviction notice due to default in rental payment. Even now you can issue a legal notice asking him to vacate the house and handover vacant possession and can inform him when he asks about the return of advance that the same will be returned after deducting the arrears of rent and the pending electricity charges.
You can file an eviction suit if he is not complying with the demands made in the legal notice.
you can file a eviction suit either before the court of small causes or before the rent controller. he has breached leave and license agreement. when rent is remain unpaid for consecutively three months it constitutes a ground of eviction.
first you should send a legal notice for eviction then file suit.