Tenant not vacating
I have a tenant who is a physically handicapped man. Actually he is not physically challenged by birth but some 10 years back he developed weak muscles and can't use his legs properly and on wheelchair. He has been staying in our house in 2 rooms on ground floor for the last 11 years. We asked him to vacate almost 3 years back but he still didn't vacate. Now we came to know that he has decided not to vacate and started blackmailing us that we're causing him torture just because we have asked him to vacate. He's threatening us that he will leave a note that we're torturing him which is totally false as we have been very politely asking him once in 3-6months to vacate asking when he will vacate. In fact we have been very polite and requested few times with some of our friends very gently and we in person also. But that didn't work and this tenant is too adamant to vacate. We have not signed any agreement with him which is a mistake as this man came as a tenant(actually sublet to this guy from my friend but my friend has left the place) through one of our friends at that time. We offered him help and extremely patient on this physically challenged man but no use at all. We came to know that only alternative to vacate him is through court. But matters in court may take years and this being a physically challenged man on wheel chair, generally anybody will have sympathy for him. Actually truly speaking this tenant has no clean mind and he has deliberately been postponing his vacating date says June/November and doesn't vacate. Now we came to know that he's not willing to vacate. The property is on our parent's name who's a senior citizen, living out of station. The other portion of the property is given on lease to another party which runs a shop and another small portion rented out without any agreement. It's a very small house but this tenant now blackmailing us that he will call media TV channels and report about us that we're torturing him to gain public sympathy and to drag the issue to the streets though in fact we have been very politely asking him when he's going to vacate. Can you please help how to get this physically challenged man vacate our house where in this case no agreement signed. Also can the Sr.Citizen owner can serve an eviction notice on this tenant on the basis of self occupancy by the owner? Also the building was constructed 36years old remodeled and extended on a 75 years old brick house and needs lot of repair work as well, this is another reason. This guy has been troubling us for last 3 years and want him to evict out. He has troubled his immediate neighbor who helped him but this just a note on the kind of record we have with this person as that neighbor, who was staying on rent in another room already vacated after our advice to avoid this person. As the complete building is rented out and owners stay out of station, this tenant started playing these delaying and blackmailing tactics as landlord is absent. Though the owner comes and we maintain the property, do repairs through our friends there, we want to get this person evicted out immediately as he has no gratitude and instead trying to deviate the topic from the actual vacating issue.
1) Given that the owner being a Sr.Citizen vs a physically challenged tenant staying on rented rooms with no signed agreement at all, with the tenant just paying Rs1000/- monthly rent and we no longer want this person and urgently wish to evict him What is the best solution to get this tenant vacated?
2) This tenant is not willing to vacate inspite of repeated requests and simply trying to play blackmailing tactics which is not correct at all, instead he has caused lot of mental agony to all of our family members. What are other ways without going to court given that tenant is not willing to sign any agreement nor willing to vacate?
3) How long will it take if we go to court? Which is the best option as this tenant doesn't not willing to vacate as we gave it very cheap rent for just Rs1000/- whereas the market price for the same rental value will be atleast Rs4000. Taking advantage of this cheap rent and absentee landlord he is not vacating. We have the property on my parent's name and i too stay out of station. We have a small portion very small 2 rooms reserved for us in case we come there which is 1/4 th what that tenant is using and we need the house vacated for our own use. Please advise
4) Can we use the condition of the building as the building upper portion and sides of the walls have been partially damaged and coming off on to the neighbours. This is very old one built 36years back and need some repairs or renovation. This tenant is not willing to vacate and this situation is very strange given that the tenant is a physically handicapped man on wheel chair giving problems to the owner. He simply wants to stay there as it's pretty low rent where he can't get anywhere outside and now trying to extend the issue. He has good property and land alloted and sometime said that he's constructing his small house and will vacate later. But there seems to be no signs of him vacating even after recent enquiry. What is the best option to get him vacated. Can we mention the grounds of the property as building in dilapidated condition to evict him out?
5) Now the most important question is how to evict him out given that this person is disabled and on wheelchair very adamant to vacate? If a portion of the building is on lease and the portion occupied by this troublesome tenant is not on lease or no agreement signed, there's no way that this tenant though staying here for over 11 years can claim anything as tenant is a tenant anytime.
6) What about canceling the electricity meter connection on the grounds that he managed to get a connection with somebody though not signed by the actual owner of the house?
7) We tried to really help him talking politely but he's very adamant and not willing to vacate. This man is on wheelchair and mentally sound doing some small business from home. He got his sister and his children also here along with his mother and staying in our house without permission of the actual number of members. But this may not be a valid reason as they come and go often along with friends. We're not pointing to that but asking him to vacate very politely. He has been creating mental agony to my parents and myself who's the legal heir to the property. The documents are with us and we have no issues with the property as it's on my father's name but the only issue is that this person not vacating. Due to this my parents had to stay far off in the same town where they have the property when they come here on holidays. They're staying on rent in a different town. Is there any possibility that they want to comeback here to their own house and evict him.
Just let me know so that i can advise my parent, the owner