Need to Evict Tenant from Shop
I am from Guwahati, Assam. I am 30 yrs old and stay with my mother. We had given a shop (part of our ancestral house) on rent in 2004 to 2 persons who wanted to do business as partners. At that time, we were not aware of legalities and did not make any agreement. Last year in 2015, we made an agreement for a period of 2 years which is going to expire on 30.04.2017. Now , the problem is although the tenant is paying rent of the shop, they have not been able to run the business in the last 12 years. The shop is practically closed for the last 2 years and hardly has any stock. They are simply holding the shop and not using the shop for business purpose. Most of the time the shop is either closed or used for drinking with the shutter half closed. They have been repeatedly telling us that they will soon start a diffferent business. When we told them to evict the shop they refused and gave us threats of holding the property. We have been getting good offers from other interested parties who think that the shop is not let out. I am now tensed and I fear that I might lose out on my property or may face a long drawn court case which I will find diificult to afford.
Request your valuable guidance regarding the proper procedure and the dos and donts to be followed for eviction of the tenants.
Asked in Property Law from Guwahati, Assam
1) there must be termination clause in the agreement
2) issue notice of termination of leave and licence agreement to licencee
3) if he refuses to vacate file eviction suit
1. Have you incorporated in your said tenancy agreement that the said tenancy will be automatically terminated if the tenants are found to indulge in to illegal activities and anti social activities?
2. if yes, lodge a police complaint and arrange to get them arrested and a criminal case run against them for indulging in to drinking and other antisocial activities in residential and business area being at your said shop.
3. Based on the above, file an eviction suit.
4. Please keep in mind that there is no short cut way to evict tenants as per law in India.
It is easy to induct a tenant but very difficult to evict him as a tenant practically becomes the owner after he is inducted. You have to file a petition for his eviction on the ground that you require the premises for your bona fide personal use. He can contest it on receipt of summons. This is the only remedy within the legal framework if he does not vacate on his own.
Since the lease agreement is in current now and the expiration of the agreement shall be on 30.04.2017, yo have no option than to wait until then or to give three months notice (the period of notice as mentioned in the lease agreement) instructing the tenant to vacate the premises After the expiry of the notice period you may file an eviction suit if the tenant has not complied with the demand made.