Tarun (sadsad) 02 October 2014

Tenant refusing to vacate

Hello Sir my dad who is 76yrs old has rented his house in Chennai for the past 10years to a gentleman and his family. He signs a lease agreement for a period of 11 months every year. Now in his old age he would like to move back to that house with his daughter. The last 11 month lease expires in Sep 2014. Since my dad was out of the country he sent 2 of his brothers who are respected gentleman in July to give the tenant a verbal notice in July asking him to vacate in January 2015 thereby giving him enough notice to look for another house. The tenant insulted my uncles and said he would talk to my dad. My dad sent him a written notice in August giving him a 4 month extension and asking him to vacate in January 2015. He replied in a letter saying he denies the notice and will not vacate for 5 years. He says my uncle threatened him and he has it on camera. He never mentioned any of this when my dad talked to him over the phone after my uncles visited. Please can you tell us what we can do to get this man evicted? Thanks and greatly appreciate your response.

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13 Replies

N.K.Assumi (Advocate) 02 October 2014

File a suit for eviction of your tenant before the Rent Controller and enclosed all the necessary rent agreement, notices that was send to him.

Tarun (sadsad) 02 October 2014

Thank you very much for your quick reply. Is there any way he can prolong his stay by giving any reason. He says he made some fixes to the bathroom etc last yr. there is nothing documented for these changes anywhere. Also is there any case he can put against us just to delay the move. Thanks a lot once again for your reply.

Hardeep (Business) 02 October 2014

AFAIK, rent control act will not hold. Assuming the lease deed is not registered. S. 106 of transfer of property act holds and notice has to be served on him accordingly. As for changes to bathroom etc he can not do the same without land lord permission. As for putting a case to delay, legal procedures anyway take time.

Tarun (sadsad) 02 October 2014

The lease is only for 11 months. I thought transfer of property is only for lease longer than 12 months. Also my dad does not have anywhere to live if he doesn't vacate. So even if we go via the legal route to evict it can take a long time?

N.K.Assumi (Advocate) 02 October 2014

Make out a a case of bonafide requirements. as regards the change he has made, it can be converted into your advantage as pointed out by Hardeep. If he raise such defense, you take the plea that in the name of repairing he has completely change the structure of the room and without the consent of the land lord.

Hardeep (Business) 02 October 2014

1 ) your father has already sent tenant a notice to which he has replied in writing he will not vacate for next five years. Take advise of local lawyer with all documents etc and proceed accordingly.

2) tenant alleges ( verbally or in writing ? ) that your uncle threatened him and he has the same on camera. He may put a complaint against your uncle, indirectly implicating your father. Your uncle should go to the local police station and complain against this allegation. Let them file an NCR and give a copy to your uncle. It may help you later.

3) a lease of 11 months also needs registeration to be cited as primary evidence. Else it only explains the factum of possession and nothing else. In case of no such agreement. S. 106 of TP Act making the tenancy as a " month to month" one holds. So, even if lease is cited - which expires in Sept. 2014 - he is only a monthly tenant from October 2014 onwards .

4) property not being under Rent Control Act, no grounds need be made asking for eviction AFAIK. However putting all valid grounds will make your case stronger.

Hardeep (Business) 02 October 2014

Such tenants, to my mind, do not deserve any sympathy.

So request others also to come in with all that can be done . For eg :

1) mental harassment, agony and inconvenience to a senior citizen.

2) financial costs and damages in filing and fighting out long drawn court cases.

3) if the landlord has to rent an alternate place to live reimbursals of that rental.....

what is possible ?

Tarun (sadsad) 02 October 2014

Hardeep thanks for Ure reply. I really appreciate Ure detailed message. I don't understand what u mean in pt 3. So when the lease expires he can continue to stay as long as he wants on a month to month basis? Also in pt 4 do u mean we have no grounds for eviction? Sorry for all the questions.

Hardeep (Business) 02 October 2014

Assuming that Rent Control Act does not hold for your property :

pt. 3 : in any month landlord can give notice to vacate by next month ( see S. 106 for exact details..) and tenant has to vacate. Else a suit for eviction lies.

pt. 4 : personal use of sr. Citizen landlord are certainly strong grounds for eviction and should be used.

Tarun (sadsad) 02 October 2014

Thanks for the clarifications sir. Much appreciated.

T. Kalaiselvan, Advocate (Advocate) 06 October 2014

The unregistered rental agreement for 11 months s very much valid in law. You have already given a notice asking him to vacate at the end of a stipulated period, you may have to wait for that period and then file a suit for eviction. Did he give any reply to your notice?, even otherwise, you may file a caveat petition against him to safeguard your interest against any exparte injunction order against you if moved by him. Take decisions after consulting a lawyer conversant with the local laws in this regard and do not take any action in haste which may have an adverse impact to your own case.