Need help for tenant evication suite
sagar jadhav
(Querist) 28 December 2014
This query is : Resolved
I need some basic details for tenant evication suite
1) how process flows
2) what are diff costs incurrened
3) what if tenant refuses to accept notice
4) how damages are deducated from deposit and are lawyer fees deducated from deposit?
Devajyoti Barman
(Expert) 28 December 2014
unfit qury.. read book or meet an advocate.
Devajyoti Barman
(Expert) 28 December 2014
unfit query.. read book or meet an advocate.
Dr J C Vashista
(Expert) 28 December 2014
An unfit query.
Consult and engage a local lawyer or a tutor.
ajay sethi
(Expert) 28 December 2014
consult a local lawyer
sagar jadhav
(Querist) 28 December 2014
sorry if u feel unfit,can plz tell which details are missing
sagar jadhav
(Querist) 28 December 2014
I wanted to evicat tenant,want to know detailed process
Devajyoti Barman
(Expert) 28 December 2014
meet a lawyer, he will tell the process. Here experts do not tell procedure of suit.
P. Venu
(Expert) 28 December 2014
The landlord can seek eviction of the tenant on some bonafide grounds. You may come up with complete information.
sagar jadhav
(Querist) 28 December 2014
1) tenant is in construction business so he knows legality well
2) flat deposit is 25 k and rent 9k
3) he joined on 25 sept,but broker told him dont pay rent till 1 oct ,afte rlots of quarrel he paid that rent that also late
4) as per maharashtra rent control act I told him to register rent agreemtn but he did not replied
this are main point
rt now he want me to clean some damages in bathroom etc unless he is not paying
Devajyoti Barman
(Expert) 28 December 2014
file a suit for eviction on ground of default. He will start making the payments.
sagar jadhav
(Querist) 28 December 2014
thats why this questions
1) what if he dont accept notice
2) what if he dont vacate
Raj Kumar Makkad
(Expert) 28 December 2014
1. In such event, the notice shall be deemed having been served to him subject to the report of process server.
2. The bailiff of the court shall get it done with the help of police.
sagar jadhav
(Querist) 28 December 2014
for #2 I need more info
1) does same layer needed for same who serv notice?
2) in notice its mentioned if they donht evict in time they will be charged 1000 rs /day which is best way of recovery of same? also its mentioned lawyer fees be recovered from them
3)rent agreement is not registred,will it have impact?
H.M.Patnaik
(Expert) 29 December 2014
U need an experienced local lawyer to handle the matter in local court and to take care of the procedures involved.
sagar jadhav
(Querist) 29 December 2014
but answers to my doubts should be universally same
Dr J C Vashista
(Expert) 29 December 2014
Issue legal notice through your lawyer, refusal to receive is duly served.
Proceed through the Court for eviction.
Devajyoti Barman
(Expert) 29 December 2014
The author in spite of getting enough advises is unnecessary repeating the same query.
His further query should be avoided now.
ajay sethi
(Expert) 29 December 2014
query is resolved
sagar jadhav
(Querist) 29 December 2014
my second query
putting again
1) tenant is in construction business so he knows legality well
2) flat deposit is 25 k and rent 9k
3) he joined on 25 sept,but broker told him dont pay rent till 1 oct ,afte rlots of quarrel he paid that rent that also late
4) as per maharashtra rent control act I told him to register rent agreemtn but he did not replied
this are main point
sagar jadhav
(Querist) 29 December 2014
in notice its mentioned if they donht evict in time they will be charged 1000 rs /day which is best way of recovery of same? also its mentioned lawyer fees be recovered from them
P. Venu
(Expert) 29 December 2014
The information furnished does not suggest a cause or right of action to seek the eviction of the tenant.
Devajyoti Barman
(Expert) 29 December 2014
no more reply from end for the repetitive query.
sagar jadhav
(Querist) 29 December 2014
not giving rent and refusal to register rent agreement is groubd
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
Default in rental payment continuously for two months or more may be a ground for a eviction suit but registration of rental agreement will be equal responsibility of the landlord too. The landlord should not have accepted the tenancy agreement if the tenant was not willing to register the same. why did you accept the earnest deposit money from the tenant through broker? The conditions like Rs. 1000/- per day until he vacates do not hold ground, you have to approach the rent controller court in your jurisdiction with an eviction suit subsequent to issuing the notice immaterial of the fact whether he received the notice or not.
sagar jadhav
(Querist) 29 December 2014
1) he already said he will not payrent in call,its seocnd month, considering despoit amount ,I will be at loss if he stays one more day after second month
2) at time of signup he agreed he can do registred agreement,there is three month validity for same
I accpeted deposit from broker
H.M.Patnaik
(Expert) 29 December 2014
What I find , the Querist is testing patience and opening up his pandora box one by one .If he is apprehending financial loss to a great extent, he should take help of a suitable lawyer to match the knowledge of law of the tenant.
Kishor Mehta
(Expert) 29 December 2014
Sir,
1] Whether the occpier is your legal monthly tenant?
2] Whether he is a licensee? whether the Agreement of Leave & License is registered?
1] In the first instance, if the occupier is your legal tenant, you will have to file a RAE suit with the Small Causes court for his eviction.
2] In the second instance, if the Agreement of Leave & License is registered then you have to proceed legally for eviction.
If, however, the Agreement of Leave & License is not registered, you will find it difficult to get possession.
Please consult a lawyer immediately in your own interest.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
Whatever you have done was unlawful, i.e., accepting deposit amount from broker, not registering the agreement before he entered or afterwards, your exorbitant claim for his stay in the house and many other things which you have raised as queries. Now you decide what to do, you have been advised more than enough.
sagar jadhav
(Querist) 29 December 2014
sure
thank Mr Kalaiselvan and others
