We have rented-out our 3 room set to an old lady (65+) in July-12. She stayed there for 4 months and paid only two month rent and after that she did not pay any rent for one year.
She was absconding since Jan-13 and whenever we tried to contact her over phone she said she will come very soon.
After so many phone calls and communication through a mediator she paid 4 month rent and came in December-2013 and again went to some unknown place without informing us.
She is neither paying rent nor vacating our place or even threatening us that don't move my goods.
She is taking advantage of her age and because she is a single old woman we cannot force her to vacate place.
We do not have any rent agreement in place.
What can we do to vacate our place? We don't want to face any false allegation and do not want to involve in time consuming legal process.
Asked 3 years ago in Property Law from Mathura, Uttar Pradesh
legal process may be time consuming but it is always better to proceed legally . the mistake you made was giving premises on rent without registered leave and license agreement . if you had taken some security deposit and obtained post dated cheques you would not be running after her to pay rent . issue her 15 days legal notice to vacate the premises . file eviction suit .
There seems to be no other go.
Advocate, New Delhi
Thanks Ajay. Can you please let me know how much time and money require if we will file eviction suit? We understand that we have done big mistake. We don't have her id and also we don't know her permanent address. Can we send legal notice to person who is her family friend and because of his recommendation we let out our premises?
Asked 3 years ago
you should contact a local lawyer . legal notice for eviction can be prepared immediately . give her 15 days time to vacate the premises . then file suit for eviction . period required for court order of eviction would depend upon pendency of court cases in your city . legal fees vary . hence cannot give any estimate of costs to be incurred for filing eviction suit .
send her legal notice at her last known address mentioned by her when she wanted to take your premises on leave and license .
You committed a blunder by not making a rent agreement with your tenant. In the absence of a written agreement you might face some hurdles in the court in your pursuit to get her evicted. Having said this, you do not have any other remedy. Hence, now file a case for the eviction of your tenant in the court after issuing a legal notice through your lawyer to her. If she does not leave after the legal notice is issued to her then you may file a case for her eviction in the court.
We cannot tell how much money it will consume as your advocate alone can tell you what will be his legal fees. It will be unwise to tell the time frame within which the court will decide your case as it depends on the pendency of cases in the court, the efficiency of judge,etc. Initiate the legal process now if you want to have a favourable outcome quickly. You need to bear in mind that you do not have a written agreement with your tenant, so the longer you allow her to stay without commencing the legal process the more difficult it can be for you to bring her out. Time is of great essence in such cases.
You talk to me over phone I will give you the solution you want.
Advocate, New Delhi