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s.n.balasubramanyam   22 October 2016

Tenant not vacating a house

what is section 27C under tenancy act. what is time court will give if the tenent files a suit in court in tamilnadu what can a land lord do to vacate an adamanent tenent house is required for personal use


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Ms.Usha Kapoor (CEO)     23 October 2016

RESIDENTIAL TENANCIES ACT 1987 - SECT 27C

27C .         Property condition report at start and end of tenancy

        (1)         A lessor must, within 7 days after a tenant has entered into occupation of residential premises under a residential tenancy agreement —

            (a)         prepare a report describing the condition of the premises; and

            (b)         provide 2 copies of the report to the tenant.

        Penalty: a fine of $5 000.

        (2)         A tenant given copies of a report under subsection (1)(b) who disagrees with any information in the report must, within 7 days of receiving the copies —

            (a)         mark a copy in a manner that shows the information with which the tenant disagrees; and

            (b)         give the copy back to the lessor.

        (3)         If the tenant does not give a copy of the report back to the lessor under subsection (2), the tenant is to be taken to accept the report as a true and accurate descripttion of the condition of the residential premises.

        (4)         A lessor must,as soon as practicable, and in any event within 14 days, after the termination of a tenancy —

            (a)         conduct an inspection of the residential premises; and

            (b)         prepare a final report describing the condition of the premises; and

            (c)         provide a copy of the report to the tenant.

        Penalty: a fine of $5 000.

        (5)         The tenant is to be given a reasonable opportunity to be present at the inspection conducted under subsection (4)(a).

        (6)         The regulations may prescribe information that must be included in a property condition report.

        [Section 27C inserted by No. 6


As  per section 27 C if  the landlord fail to inspect  the condition of your house after he inducts yoiu into possession of his house AND  VIOLATES THEPROVISIONS  landlord WILL INCUR  A PENALTY OF $5000. iF THE TENANT DOESNOT TAKE YOUR REPORT AND AFTER READINGI it FAILS TO RETURN TO the  landlord  landlord CAN TERMINATE HIS TENANCY  and  it  is  also deemed that the tenant  agrees the bad condition of premeises in which they are after 7  days  of tenanats initialinduction oif tenancy when the landlord  comes for inspection.. AFTER THAT YOU CONDUCT ANOTHER INSPECTION OF THE TENENTS PREMISES AND PREPARE A FINAL REPORT DESCRIBING THE CONDITION OF THE TENANTED PREMISES YOU MUST GIVE A REASONABLE OPPORTUNITY TO THE TENANT WHILE YOU ARE INSPECTING THE PREMISES OF THE TENANT AND  SHOW YOUR final    REPORT TO THE TENANT. If THE TENANT  DISAGRES WITH  YOUR REPORT YOU MUST REPAIR THE  LEASEHOLD PROPERTY AND  MAKE IT IN GOOD CONDITION. Failing WHICH YOU WOULD INCUR  A PENALTY OF $5000 AND CANCELLATION OF TERMINATION OF TENANCY AFTER THE FINAL INSPECTION AND REPORT.SO THE TENANT CONTINUES TO STAY IN  HIS LESEHOLSD PROPERTY OF LANDLORD.NOW THE LANDLORD WANTS TO EVICT THE TENANT ON THE GROUND OF BONAFIDE REQUIREMENT.THE RENT CONTROL COURT WILL EXAMINE  WHETHER  THE SAID  BONAFIDE PURPOSE IS GENUINE OR FABRICATED AND  THEN ONLY WOULD ASK THE TENNAT TO  VACATE THE LEASEHOLD PREMISES.IF you  appreciate this answer please click the  thank you button on this forum


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