Chief Architect
[ Scorecard : 37]
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Posted On 22 February 2010 at 20:34
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1. I have agreement with Tenant (Not registered) for 11 months
2. Agreement period is not over
3. Tenant not paying rent for last 5 months (Paid rent only for first 2 months)
4. Tenant gave oral notice period before 5 months (Notice period as per aggreement is only 3 months)
5. Tenant not saying will not vacate but always buying time for the past 5 months
6. Neighbors already raised oral complaints against Tenant (Ready to give complaints in writting also) for public nuicance with lot of dogs and cats inside house
7. Not allowing me (Owner) to inspect the house (Very difficult to enter because of lot of dogs inside)
8. Already informed (Not in written) to local police station
I went through many websites and many of them saying law is towards tenant and eviction is not easy it will lot of years to do that - Is it true? Can any one help me to file appropriate case to vacate / evict tenant sooner?
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Retired
[ Scorecard : 7424]
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Posted On 22 February 2010 at 20:40
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Not registered? Forget the whole thing.
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Chief Architect
[ Scorecard : 37]
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Posted On 22 February 2010 at 20:44
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I thought registration is required only for above 11 months - Can I do anything now?
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Chief Architect
[ Scorecard : 37]
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Posted On 22 February 2010 at 20:59
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I am scared by your answer - Then how can I vacate my Tenant
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Advocate
[ Scorecard : 4727]
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Posted On 22 February 2010 at 22:32
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Sir, I think you need to serve a legal notice for eviction wherein you give the tenant about 30-60 days time for eviction. In case if within that period if the tenant does not evict, you can file an eviction suit in the Court. You may give the reason for eviction that you need the house for your own use, or you need to carry out some alteration work in that house.
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lawyer
[ Scorecard : 32]
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Posted On 22 February 2010 at 23:27
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Thiru im dealing with the same matter
check out following points
1.How much old is the house? whether the house falls in municipal limits or not.There is a 10 year exemption period,after completing 10 years the suit of ejectment and recovery will be put up before rent controller.
2 Send a legal notice
3.Grounds to be taken :- 1 non pament of rent ....... 2. tenant has been guilty of such acts and conduct as are a nuisance to the occupants of the same building or buildings in the neighboured.
4 you have to prove the issues framed by court with strong and relevant evidence.
5. Hire a good lawyer, im not saying an expensive one but reasonably good. Because if u pay handsome only then you`ll get lawyer and if u pay PEANUTS , u`ll get MONKEYS
Good luk
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Lawyer
[ Scorecard : 16026]
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Posted On 23 February 2010 at 07:17
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dear friend dont panic....ur agreement need not be registered.
serve ur tenant with a legal notice for vacation of the property on the ground of non-payment of rent and nuisance due to dogs....if does not respond to the notice then move to the court for eviction.
u may file suit for possession or may proceed under local Rent Act, act according to what your local lawyer says keeping in view the latest interpretation of law in your state.
and to remove dogs you may take help of municipal authorities and police authorities.
and finally if you dont want any litigation then take the neighbors in confidence and hire some gunda stuff or pay some police officer to throw him out of the premises....i know its illegal but its the best possible medicine available for such kinda tenants.....dear litigation may take toll out of you...police will manage everything they will even force him sign vacation documents (though illegally)....u know DANDA power.
Total thanks : 2 times
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Chief Architect
[ Scorecard : 37]
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Posted On 23 February 2010 at 09:48
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Thanks ! I will keep posted after verifying with local lawyer -
1. I am ready to pay and get good lawyer - I respect all professions and pay what it deserves - I am strong believer on professions and its pay.
2. I think i can get local municipal and police support very easily.
3. It is actually panchayat - Suburban of Chennai. My nature is very soft and that is the reason I was dealing this very slowly. But before I take this matter seriously, Panchayat head after seeing the tenants behaviour already went to police station and made a complaints. (He is waiting for my acceptance to give written complaints signed by 10 to 15 neighbors) - This is ofcourse only the ground of nuisance and request to remove all dogs, cats etc., + Tenant's mis behavior with neighbour
4. Local police gave them dead line on 28th Feb - He suggested not to approach through lawyer till that date.
5. So I am waiting for that date - In the meantime I thought of getting expert's opinion through this site. So please suggest me any good lawyer in Chennai (South) - Adyar area.
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advocate
[ Scorecard : 24]
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Posted On 10 March 2010 at 07:35
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Sir can you tell me good lawyer in Ghaziabad Courts. Please.
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advocate
[ Scorecard : 24]
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Posted On 10 March 2010 at 07:38
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I want to know the rent act in Ghaziabad. Whether it comes under rent act or transfer of property act. Should i file case under T.P.A. or under Rent act.
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