Can a protected tenant keep house locked and not stay there

Thank you Dalmiaji ,

The house is locked more than 6 months but the problem is how do I prove it. He keeps coming once or twice a month . He knows and I know that he is just keeping it locked but for legal purposes how do I prove it .

Can I ask for fair rent so that either he will relocate back or give fair rent or surrender. 

You can go for eviction on the ground of bonafide requirement, for that you will have to say that you need dthe house and apart from that the tenant is also not living there and he is staying with his family at so and so place, with two three witness from, the adjacent tenant that he is not staying here and is keeping the house only lock and key continuously.

Thank you surjitji. I do not expect too much co-operation from his neighbour tenants as all these tenants together are giving me lot of trouble. They do not co-operate when I plan to redevelop. I am getting fsi of 1 + 1 as per rule. All tenants want 35% extra + parking. Imagine a 200 sq ft holder pagdi tenant is asking for parking benefits whereas he pays me 100 rupees rent. Bit thats the state of whole mumbai I presume.

 But I will surely follow your advise and ask him to evict. Thank you once again

Under the Maharashtra Rent Act 1999,landlord shall be entitled to recover  possession  -

(a)if tenant has caused any act to damage premises  without landlord's permission errected  any permanent structure 

(c) recovery of possession of premises is for bonafide use of  the landlord or his family member

(c ) he fails to pay an arreas, standard rent and  permitted increas beyond 3 month when demand is made in writing.

Then ,Land can move to the Small Causes Court for eviction

 ADV. JEEVAN PATIL,

Consultant & Retainer

M.No.9869400938

Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam. Respected sire,

we are landlords of a property in Mumbai. Our tenants are all under old pagdi system so they are protected by rent control act.

One of Our tenant has a 210 sq ft house in our building. Since building is very old he stays elsewhere but has kept house closed and locked. He regularly pays us the rent. The rent is as low as 120 rupees per month. But he is not willing to surrender the flat back to us. 

The tenant is  been ther for more than 25 years and so he feels he is a protected tenant, but he is not staying there and keeps the flat locked. he just comes 2 to 3 times in a month to check things and goes back.

Can we as landlord ask him to surrender or can we evict him. if not evict  what should we do to ensure our property gets a fair rent 

Please do respond sir/madam.