Tenant is not vacating the premises
We have a property(A power-loom shed), which has been rented out to a tenant since past 20 years. Recently we have been trying to get the property vacated.
We tried to talk to the tenant to vacate the property. We offered him some settlement which is usually done in the city. He didn't agree to anything which we offered. He included a lot of intermediaries, but he didn't take the advice of any of these intermediate parties.
During this period, the we came to know that the power supply company had disconnected the power supply to that property and had sued the person who was running the power looms. This event brought a few more things to light. We came to know that our tenant has rented out our property to another person(This person had possession to the property currently).
We had been continuously trying to settle things with our tenant, but he was not at all coming to terms with us. So, we tried to get possession of the property to put pressure on the tenant so that he reaches into some settlement. So, we gave some money to the person who had possession of the property currently and get the keys to the property.
So, the current status is that we have possession of the property , but still the settlement is not being done. The tenant is not coming to terms with us.
What are the suggestions to me, how should i proceed on this?
Asked 2 years ago in Property Law from Bhiwandi, Maharashtra
under your circumstances property is in your possession and there has been no contract about that property on registered document .all the entitle persons are legal owner under the rent control act that might not be governed.no worry.
1. Having the keys do not confirm taking possession of the property,
2. For taking possession of the property or any part thereof, you shall have to evict him with due process of law,
3. You may not know whether the sub-tenant was planted by your tenant or not and as per his plan, the sub-tenant has given you the keys to ensure that you fall into his trap and try to take physical possession of part of the property without any legal document and get involved into a olice case,
4. Filr an eviction suit as per Tenancy Act of your state,
5. Any short cut method to bye pass the law should be avoided.
1) issue legal notice to tenant to vacate the premises
2) if no reply is received to legal notice or he refuses to vacte file suit for eviction on grounds that he had created third party rights without your consent as landlord .
3) gather evidence of sub tenancy having being created by tenant . it will help you in your court case
1. Send them a legal notice and keep the possession under you.
2. If there was a lease agreement made with the tenant twenty years before then it is needed to be cancelled . So send notice and file suit for eviction on the reason of creating sub-lease .provide evidence in documents or in witness for the same,
1. it is good that you have taken the possession of tenanted premises.
2. but still follow due process of law by filing eviction suit in court on ground of sub-letting.
Advocate, New Delhi
1. Issue a lawyer's notice to your tenant to vacate the premises. If he does not vacate on his own accord you may move to court and file a case for his eviction whereupon the court may order him to leave.
2. Legally speaking, you cannot stop the tenant from entering the premises as the tenancy has not yet come to an end. The law of the land commands that tenant has the right to continue in the premises till the time he is ordered by a court of law to vacate.
3. Withholding the key to the property entitles your tenant to move to court and seek a re-entry in the property which has been leased out to him, to which the court will agree. This will jeopardize your case for eviction of your tenant as and when you file it. Furthermore, you can be prosecuted on a police complaint filed by your tenant. So return the keys forthwith as the long term consequences of violating the law are adverse.
4. The leasing of your flat by your tenant amounts to creation of sub-tenancy which is a ground for his eviction if the same has been done without your consent.
if you are in possession of property for more than 6 months now, your erstwhile tenant can evict you now through a process of law which seems to be a difficult proposition for him. so you relax and confirm your possession. Don't send him any notice for eviction. You are in possession and you don't have to evict any one. Refer Section 6 of the Specific Relief Act.
Advocate, New Delhi
A. Is there any lease agreement executed between landlord and tenant for 20 years?
B. If yes, was it registered?
C. Is there any Sublease clause in your lease agreement?
D. In case no lease agreement existed, don’t send any legal notice to the tenants, As you noticed that you have got possession and leave it if you established possession more than 6 months. You would better enter fresh lease agreement with one more person.
E. In case in the presence of the any lease agreement, better you contact local advocate and follow the my colleagues’ comments i.e, send a legal notice and file a suit for eviction under the ground of sub lease.
you are owner of the property and also you have possession then what matter of settlement remains ? your possession after 20 years of tenancy is an exceptional case because remaining 20 years on the same property as a tenant makes him owner of the property. you are a lucky person to get possession. at this time when real owner is on possession then why do you want to take any settlement? remain silent and enjoy your property.
ISSUE A LEGAL NOTICE AND FILE A SUIT FOR EVICTION ON THE GROUND OF SUBLEASE AND FOR PERSONAL USE