• Illegal occupation of apartment

Tenant of my apartment in Kochi is refusing to move out of the apartment after expiry of the agreement. During his tenancy he did not pay the rent for the last 3 months requesting us to adjust against deposit.

He also a court order against us restraining us access to the apartment saying that he fears we will use force to forcibly vacating him.

The agreement expired on 31st March 2016  after 11 months of occupation.But he continues to stay by paying only the maintenance charges to the Secratary of the housing society.

We are waiting for the hearing to file a counter charges.

Pls advice me on options available.
Asked 1 year ago in Property Law from Qatar
Religion: Hindu
1) file suit for eviction .

2) you can evict the tenant by following due process of law 

3) also seek to recover penal rent for period of illegal occupation as per terms of your leave and licence agreement 

Ajay Sethi
Advocate, Mumbai
33682 Answers
1858 Consultations

5.0 on 5.0

1) it may take 3 years or so to get eviction order

2) if your agreement provides for penal rent you can recover the same 

3) out of court settlement is best option 
Ajay Sethi
Advocate, Mumbai
33682 Answers
1858 Consultations

5.0 on 5.0

You should file your reply in the pending suit and also file a separate suit for his eviction in the court as he has not vacated the property even after the expiry of the term. Civil cases do take long but you can expedite the process to the extent possible and permissible under the system. 
Ashish Davessar
Advocate, Jaipur
20767 Answers
550 Consultations

5.0 on 5.0

Dear Sir/Madam, it will go better to amicable settlement out of court through amicable negotiation, other wise you will have to file petition for eviction suit against the said tenant through due process of law.
C. V. Jadhav
Advocate, Bangalore
298 Answers
10 Consultations

3.8 on 5.0

Hi, First , you have to issue a notice as contemplated under section 106 of the TP Act and give him 15 days clear notice.

2. In spite of that also if the tenant has not vacated the property then you have no other options you have to file a suit in the Court of law and he has to vacated as per due process of law.

Pradeep Bharathipura
Advocate, Bangalore
4363 Answers
175 Consultations

4.3 on 5.0

The agreement expired on 31st March 2016  after 11 months of occupation.But he continues to stay by paying only the maintenance charges to the Secratary of the housing society.
We are waiting for the hearing to file a counter charges.


Once the agreement of rent expires then the tenant has no rights to over stay without renewing the agreement at least orally.
The second thing is that he has not paid the rent after that.
He has not vacated even after he was served with notice after expiration of rental agreement period.
All the  above are strong reasons for evicting him through due process of law.
If he has filed an injunction suit, you may file an eviction petition or suit as a counter and make his suit infructuous due to this and challenge his overstay properly.
The intentional default in rental payment shall disentitle him to stay as tenant and he can be evicted for this reason itself besides other reasons. 
You can file an eviction suit against him which will make his suit ineffective.
T Kalaiselvan
Advocate, Vellore
23686 Answers
233 Consultations

5.0 on 5.0

We are concerned about the time ? My advocate says it is going to be long process .
Some others advice to go for out of court negotiation ? 

You cannot gave both together,   If you are worried about time then you may have to forego the relief. 
There is nothing that he can do about it once he admits non-payment of rent, hence instead of out of court you may file this eviction suit along with an application for recovery of arrears of rent and payment of rent till the date he actually vacates or being evicted.
T Kalaiselvan
Advocate, Vellore
23686 Answers
233 Consultations

5.0 on 5.0

1. Is it a rent agreement or a leave and license agreement?

2. File an eviction suit immediately and if it is a leave and license agreement, then it will be easier for you to evict him,

3. File the eviction suit showing your Urgent requirement of the flat and also that the said occupation is not as tenant but as a licensee whose license to stay in your flat has already expired.
Krishna Kishore Ganguly
Advocate, Kolkata
14877 Answers
351 Consultations

5.0 on 5.0

1. If the occupation is against rent agreement, then it will take long time to get your flat vacated,

2. If it is under leave and licensee agreement, then it may take around 2 years to get him vacated,

3. Engage a local lawyer having expertise in this field,

4. Out of Court settlement at agreed terms is a prudent step in this regard.



Krishna Kishore Ganguly
Advocate, Kolkata
14877 Answers
351 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer