Krishnakumar (Telecom) 13 January 2009

How to Vacate the Tenant

Dear Sir,

My name is Krishnakumar an NRI working in UAE.I own an house in Trichur,Kerala and given it for rent since June 30 2008 for 11 months. Since I was not in station that time the rent agreement was prepared between the tenant and my sister and it's clearly mentioned in the agreement that on behalf of krishnakumar my sister is signining the agreement. I had given an authorisation letter in my sister name on 01 jun 2008 in an normal paper having all the rights to sign any rent areement.

Now I have the situation where the tenant is not paying the rent on time and we have 2 months outstanding. Further my brothers marriage is fixed for april 09 and my family want to move to my house before marraige. When we requested to vacate the tenant is very ignorant and behaving very badly. Even he is not bothered to pay the rent. He is threatening about his political contacts. Since I am away from the station, what would be the best option to vacate the tenat at the earliest. In the agreement it's clearly mentioned if two month rent is not paid tenant should vacate immediately. One more clause is that, at any stage during the agreement period for any reason, landlord has the right to request the tenant to vacate by giving one month notice. The agreement will expire on 30th May 2009.

Request your advice. Is there any special provision for the NRIs?

Thanks & Regards,
Krishnakumar

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8 Replies

Ajay kumar singh (Advocate) 13 January 2009

There is no short cut. You or your sister may file an eviction suit on the grounds of default, personal necessity and expiry of the lease agreement.

Krishnakumar (Telecom) 14 January 2009

Thanks a lot for the reply. According to you how long the legal procedure will take. Since house is in my name and agreement in my sisters name on my behalf, I hope the rent agreement is valid to file and eviction. Do you have any recommended advocates within Trichur,Kerala.

Thanks,

Krihshnakumar

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 14 January 2009

consult local advocate , u can file POLICE COMPLAINT AS trepasser as licnese period is over.

rent act is differ in each state , pl consult local advocate.

Sushil Kumar Bhatia (Advocate) 17 January 2009

The agreement will be expired on May 2009,If the tenant is in default of rent you can firtst to serve a notice to quit and terminate the tenancy and demand mesne profit /compensation and damages of unauthorized use and occupation and file a suit for recovery of rent and ejectment of the tenant ,consult with local lawyer specially expert in rent cases

sanjeev murthy desai (Advocate) 17 January 2009

Ys i agreed with Mr. Sushil Kumar Bhatia

Krishnakumar (Telecom) 18 January 2009

Many Thanks to Ajay Kumar,Bahnu Rasputra,sushil Kumar and Sanjeev Desai Sir for the valuable advise.

We are trying our best to solve problem through dialogue. If nothing works out need to go for legal actions. I hope this would be the best approach. I hope legal actions won't take too long.

Thanks

Uma parameswaran (lawyer) 10 February 2009

One cannot predict the longivirty of the case.If you are in urgent need ,it is better to arrange a mediator and make a settlement without causing pain to both side.

nitesh (business) 05 June 2009

my father had purchased a land in 1989 that time my uncle was here so my father registered a land in my mothers name and my aunt's name now my aunt is refusing to sign the property to my fathers name that property belongs to my father only. only for name sake we told her to sign because she was here. we have given her many things like tempo ,car, bike, we paid her insurance policy, lorry,even cash then to she is not giving us our property she is telling it belongs to her it is in her name.

my father as constructed a house, paid all tax, electric bill is in my mothers name since 20years we are staying in this house we have only paid all the bills.

so please tell me what can we do to tell herto sign the property ion our name.