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Jagadish (Professional)     28 July 2011

Evicting Tenant

I had rented out my property late 2009 and a rental agreement was in place. During 2010, the tenant failed to pay few months rent on time and when it was time to renew the rent, requested for half rent so he could pay an Official to get payment for executing some order (he claims to be in business and with government) and buy the property. This was sometime in November around the time the rental agreement was to be renewed. We smelled something fishy, but we trusted and thought we could give him time, he said give me time till February and then till june, when he tried to move the june date, we told that he need to vacate the property and now he has filed a court case and sent a lawyer notice, saying I am sending people and harrassing and he also claims to be paying rent on time (which he is not). He is also citing that he cannot move in the middle of academic it is difficult to move as his kid is going to school and needs time till may.

First of all we have evidence (check) of providing rental advance, and bank statements saying that he has not deposited rent on time. We are trying to approach lawyers and would like suggestions on good lawyers. We would like to have the tenant vacated as early as possible, as I hear that he has also made some structural changes inside the house which was not agreed. Some people suggest till May you should provide time, We are worried that come May he would say he could not find a house or could not find a rental house or could not change the school of the kids etc and this can get long drawn.

Can you please suggest what options I have to evict the tenant.



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 4 Replies

Madala Venkata Rao (Profeesion)     28 July 2011

frist you have to approch the advocate with all the evidence and issue quit notice for eviction on ground of wilful defult and changing the structure of the scheduel tenement. only you have the option to evict the tenent due process of law. immedialtly issue notice and filed eviciton petiton before rent controller for evciton of the tenant.

1 Like

Jagadish (Professional)     29 July 2011

Thanks Madala. I am trying to approach a lawyer. However he has filed a temporary injunction and requesting a permanent injuction. Under what circumstances can one make such claims. What are the other things I need to do/take care to ensure that 1> The injunction is cancelled 2> Case doesn't get dragged on for year (most of the people are saying so) 3> Determine what could be the motive why he is harrasing us, even though the property is ours.. Many thanks for the help.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 July 2011

If the matter has gone in court no early solution possible.

Raj kumar (Manager)     24 August 2011

I have a spacious shop a portion of which is rented out to a tenant 70 yrs back.I have put a case of eviction against him on grounds of my  bonafide necessity.Now I have to rent out a portion of my shop to a limited company. A lawyer has suggested that I give it through a Management agreement i.e the company is managing the affairs for me and paying me a commission of Rs 28000/-. Will the court agree or call it having given a property on rent and reject my case against the tenant.


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