Tenant not vacating - Bangalore
There is tenant who is staying since 10 yrs. He paid rent properly for 10yrs and since 1.5yrs, he is not paying rent nor he is vacating the home. He is infact scaring us telling he will complain on us that we are torturing him to vacate also he is telling he will give false complain to police and make our life miserable. Now we are very frustrated and tensed, as nobody before him has done anything like this to us. We trusted him soo much as he had paid rent properly for 10yrs, but now he is playing around and saying I know rent laws and how to tackle in court, tht we can't do anything to him. Can anyone please help us from how to come out of this misery.
He parks his car in the middle of my drive way, so I am planning to irritate him by making him take out the car more than 10 times a day and make him leave the home. Can I follow this approach?
Please suggest other ways.. We don't have rent agreement also but we have collected a cheque which is bounced for 2lakhs but we don't want to approach court as it take more than year's to prove.
Please help us.
Asked in Civil Law from Bangalore, Karnataka
1) You have not mentioned whether you had entered into leave and licence agreement with tenant or not , period of agreement , whether it is registered or not
2) issue letter to tenant by regd post AD to pay rent arrears
2) if he fails to pay the arrears terminate the agreement a d ask him to vacate the premises
3) if he fails to vacate file suit for eviction against tenant
4) record all threats received from tenant
1. File a suit for eviction against him to have the premises vacated. The default by the tenant in paying the rent is a ground for his eviction. You can also recover the arrears of rent with interest from him by approaching the civil court.
2. It is most unwise to allow someone to occupy the premises as a tenant without a lease deed or rent agreement. Since you do not have a rent agreement the protection of rent control legislation is not available to either of you, so you have to proceed in the civil court alone.
3. You may also launch a criminal prosecution for cheque bounce against him if the cheque is still within the validity period.
4. It takes time in the court but at the end of the day you get justice.
In absence of a rent agreement this person is in illegal possession of your house. to get him out ou need to take police and court help else he would not leave your house.
a. File a police complaint against him for threatning you and illegally possession your house.
b. file a suit of declaration and eviction without delay and mention all the facts of the case and tenancy.
c. As this is a clear breach of trust you can file criminal complaint on this as well.
d. Dont irritate him you might end up facing false complaints against yourself.
Best of Luck.
You cannot say that you do not want to approach court because you dont have solution without court's interference to this.
You first issue a legal notice asking the tenant to vacate the premises due to his arrogant and undesirable behavior and attitude and also m for default in rental payment for so many years. You can even demand the arrears of rent in the same notice.
After this if there is no response you may approach court seeking eviction due to default in rental payment as well as the premises required for your own occupation.
Thanks for your reply.
I am planning to put case on him and below are the points for eviction grounds.. Please correct or add if anything. Also I want to know one more important point, if the tenant is completely bankrupt and don't have any other place, will court support him?.
Below are the points I mention for eviction :
1 .They were not paying rent regularly .
2. I, was suffering from diabities, heart problem and Kidnyproblem,I am not suppose to claimb the stairs, my wife was also suffering from from diabities and kneepain, as such I wanted to shift my residence fron 1 st floor to ground floor,in which they are residing now.
3. I, Wanted to give my 1st floor of house to my daughter, who is also residing in Bangalur itself. Her husband is a software engineer and working in a software company in Bangalore only.
4. The tenant has not paid rent since
Feb 2015 to till date. At present also he is not paying the monthly rent. This has caused problem to my financial position.in addition,agony,Tension in my
Mind and family members.I being a kidney and heart patient,this situation has caused difficulty to maintain health.
5. I want to renovate my house,because I
have to arrange the marriage of my son, who is running 27 years now, and is working as software engineer in infosys
All the above reasons are very true.. Please help or correct if anything.
Asked 7 months ago
1) court will not support tenant even if he does not have any alternative place to stay
2) you have strong case on merits
3) eviction suit is maintainable as tenant has defaulted in payment of rent
3) further you require premises for own use as you are suffering from health problems and for your daughter residence
1. Through court proceedings you can evict him apart from recovering the arrears of unpaid rent.
2. It is immaterial if he is bankrupt or a billionaire.
All the five grounds what you have stated are very much valid and strong grounds seeking eviction of the tenant.
The most important ground is default in rental payment and the house required for own use.
You should follow up the case after it is filed, regularly through your lawyer to avoid being carried away or missing the hearing dates and consequence thereon.
All reasons as mentioned above should be mentioned in the plaint you file for eviction of this person, please note it is extremely important for you to choose a reliable lawyer at this stage as it is extrmely important to get this case one filed on fast track in order to get a quick releif, else it would take ages.
Best of Luck