1) your father should issue legal notice to tenant to vacate premises
2) if they refuse file eviction suit
3) since your father is senior citizen eviction suit can be expedited
4) contact a local lawyer
Tenant eviction
Its been around 3 yrs that Tenants are refusing to leave the house. They even filed wrong allegations on us 2 times when we tried to talk to them. Both reports have been proven wrong in favour of us. They even broke our cctv camera. I have a recording of this. All neighbours are in support with us. They are also not happy with their behaviours and are willing to help us in whichever way possible. They didnt leave one other house easily where they used to live before. We have reports that show their allegations are false. Our society members are also against them. I have cctv footage where they misconducted with our property. Can these points help us ? We havent filed the evictiom yet which we regret now! The property is of my father who is a senior citizen . Can this thing help to speed up process? I am just concerned about hoe much time will it take to evict them?
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
1. Yes these points will surely help you.
2.However do note that the most vital ground for eviction is that you require the proeprty for your personal use.
3.So send them an eviction and then file a suit for eviction on the ground of bona fide need of the proeprty.
4. The court generally speed up with suit of senior citizens.
5.Eviction suit takes sometime till when you have to keep patience.
1. If the tenants have not vacated the property even after the expiry of the lease then a suit for recovery of possession has to be filed against them to evict them.
2. The testimony of the neighbours will have no bearing on the case if you seek the eviction of tenants on the ground that you require the premises for your bonafide personal use.
A. What are the terms and conditions of the lease/license/rent agreement towards the vacation of house or notice period or eviction action in the event of nuisance, property damages.
B. What is the term of the lease? was the lease/license/rent agreement executed with sufficient stamp duty and registered the same?
C. Did you issued any notice towards untoward incidents or violation of any clause of the lease/license/rent agreement or nuisance?
D. Issue a legal notice to the tenant by quoting valid reason to terminate the agreement for eviction purpose.
E. Later, you can approach the Court by filing a eviction suit before the Court and it will take odd time depends upon court workload and judicial officer as well advocates. You need to collect all the CCTV video footage to establish your case with neighbor assistance in the event of agreement terms still in force.
F. To complete court proceedings task, you need to get Power of Attorney from your father to run this case because of Senior Citizen.
First of all if the tenancy or rental agreement has expired, your father as a landlord may issue a notice asking the tenant to vacate the premises and handover vacant possession within a time stipulated in the notice.
If the tenant do not comply with the demand made in the notice he may file an eviction sit without further delay.
There s no possibility for a speedy trial.
The case has to undergo the requisite formalities including he subjective delay.
