• Tenant not vacating the shop

Dear Sir/Madam,

My father in law made an written Tenant agreement with government stamp as required. Last July 2014  for shop like (garment shop) as it mentioned that the contract for five  years and each years 10% of monthly amount will be increased ,Also mentioned in agreement that when the landlord required the property the tenant has to leave the shop without any time frame and without damaging the property. As on today we are paying the shop tax in panchayat office, The tenant only paying electricity bill as they make separate electrical connection to run the business.

Last one year the Tenant not paying the rent on time and anyhow after so many calls they pay rent every month. Using abusive words and commanding/rudely speaking to my home old elderly person.

Im living in abroad after 7 days going to hometown in tamilnadu and like to talk with tenant to vacate the building with  30 days notice period. Because i can stay upto 40days there in my town..

Already i had polite phone conversation with tenant past 4 days before, but they  speak rudely to me. They pay rent as handcash to my house elderly people everymonth with long delay time ( 2 to 3 month )

I wish after my trip and discussion with tenant hopefully they will vacate the shop, Incase if they not to do so how can i sue them,

Because of the tenant rude speech im facing problem and elderly people getting depress,,

Please advice to vacate the tenant from shop.

Note: 
If i send notice period via court prior to eviction it will affect carrier or not, I heard if the case under  my name i cant back to abroad ...Is there something like that..

My father in law passed away last 6 month before due to ill and the property under my wife name


Thanks in advance.
Asked 1 month ago in Property Law from Saudi Arabia
Religion: Muslim
You have to issue him a lawyer's notice for vacating the premises, and if he does not do so then a suit for his eviction will have to be filed on the ground of default in the rent which will take time to be decided by the court. There is no way you can evict him within 30 days. You have to be prepared to invest 1-2 years in the judicial process.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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1) your wife has to terminate the leave and licence agreement entered into with the licensee 

2)call upon tenant to vacate the premises

3) if he refuses file eviction suit 

Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
5.0 on 5.0
considering abusive behaviour of tenant it is  doubtful he will vacate the premises on receipt of notice . 

2) you should contact local lawyer and issue notice to tenant to vacate the premises 

Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
5.0 on 5.0
Hi
1) Since it is a long tenure lease deed, you need to send the Notice to the tenant asking him to vacate the premises and give him 30 days notice to vacate the premises. 

2) The Notice should state that the grounds of eviction are requirement of premises for own use and also highlight the fact that the rents are not being paid on time as stipulated in Rental agreement.

3) The Notice has to be sent through Registered Post with Acknowledgement Due . 

4) The tenant will have 30 days time to vacate.

5) At the same time after dispatch of notice, file a CAVEAT petition in the court so that the tenant does not get any interim order from the court in your absence.

6) At the same time coinciding with the dispatch of legal notice, a letter to electricity department to disconnect electricity on 30th day should also be issued so as to ensure that the tenant does not leave huge electricity bills pending and also to ensure that the tenant is forced to vacate on account of non availability of electricity. Please remember, it is the property owner who is responsible for electricity bills and not the tenant(even if tenant has paid electricity deposits).

7) On the 30th day, just get the shop Locked by using your own locks( that is the only way to deal with the client who is creating unwanted trouble to elders).

8) To do all of the action items listed above, these can be done 30-45 days prior to your arrival in india or if your are in india, these can be initiated when you are around.

9) Actually we do not need your presence in india for doing all of the above. All we need is you/your mother in law signing the vakalat and approving the contents of legal notice and also showing the lawyer the property for identification. A lawyer can take care of all of the above provided he is authorized by your mother in law.

10) Document requirements to initiate the eviction process
a) copy of rental agreement.
b) copy of title deed.
c) copy of property taxes paid.
d) Vakalat in favour of advocate.

Hope this information is helpful.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1. You can not ask your tenant to vacate the tenancy for their being rude while paying the rent.

2. There are certain grounds based on which you can seek your tenant's eviction like non payment of rent for a continuous period, your requirement of the rented premises, their indulging in to illegal activities from your premises etc.

3. File an eviction suit on the grounds mentioned in the Tenancy Act of your State.

4. The said eviction suit will continue for years for which you should execute a POA in favour of any of your known person in India to look after the said suit in your absence for and on your behalf.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Your is a Tenancy Agreement and not a leave and License Agreement.

2. There is no law in India by which you can evict your tenant with in 30 days from the date of filing the suit.

3. Please keep in mind that Eviction Suits some times run for even 10 years to be disposed off.

4. Filing of suit against Tenant does not affect your chance of going abroad or in any way whatsoever.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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The property was in father in law's name and after his intestate demise, the property shall devolve equally on all his own legal heirs or successors.
Therefore whether you come on leave or not it may not make any difference if you wish to initiate legal process against the tenant because you are not the right person to take any legal action evict the tenant from the premise.
The legal heirs of your father in law consisting your mother in law and all his children only are eligible to initiate any action either jointly or by all others giving power of attorney deed in your wife's favor for conducting the legal cases against the tenant.
If the tenant is default in paying the rent it means he ha violated the conditions of agreement, he is liable to be vacated  by first issuing legal notice to him mentioning the reason for instructing him to vacate the tenanted premises.
If the property falls within the municipal or city jurisdiction then an eviction petition may be filed before rent control court otherwise an eviction alone is maintainable and once a legal suit is initiated, it may run for years to get disposed, so work out the strategy keeping all these points in view. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Please tell me the easiest way to vacate the Tenant with in 30 days form today ... without affecting my trip back to abroad as im working in abroad...

the only and easiest way is o wok out compromise with the tenant and ask him to vacate and ensure he vacates within the time stipulated/agreed upon.
Legally you will not be able to take any action agaisnt the tenant in your individual capacity.
Dont be misguided on the false promises of any person to get this job done within the time you have with you, at least legally it will no be possible. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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