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narayanahyd   06 November 2011

Problems with tenant - how to evict

We had entered in to rent agreement on Stamp Paper with tenant from July 2011. Agreement is not registered

Tenant paid 2 months rent as Security deposit. But delayed 1st month rent itself more than 30 days. When we went and asked him to pay rent on time or vacat house, he took it as ego issue and gave false complaint to Police that we are threatening him for delaying rent just one day.  He paid the rent (online transfer) on the next day of giving police complaint (to be on safe side).

Police didn't pursue the complaint after enquiring about us in the area and also knowing the acutal fact.

After this episode, we have decided to evict the tenant. We sent message to him to vacate within 30 days as per the terms of agreement, as we want to occupy the house. He asked for time till Oct 2011 end. But again he is asking more time giving silly reasons. He didn't pay Oct 2011 rent till now (more than 30 days delay).


How to evict him without violating the law.



Learning

 6 Replies

RC (d)     06 November 2011

Sir I am also encountering a similar problem .  

you should send a legal notice through a good advocate for eviction on the ground of non payment of rent, u can also show your bonafide need for the premises. also sir pls mention if the agreement was for 11 months or more. This is just a suggestion pls consult a good lawyer and proceed.

narayanahyd   06 November 2011

Thanks for reply. It's a 11 months agreement.

Rajeev Kumar (Lawyer/Advocate)     07 November 2011

RC has replied your query from own experience.so engage a good local lawyer and send them notice.

Bharatkumar (ADVOCATE )     07 November 2011

If tenant is not fill-up term and condition of agreement that time u give a legal notice for vacant a property by Reg.Ad and thenafter he not vacant the property that time u find a local lawyer and file a civil suit against him and give one application in Police Station for that.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     08 November 2011

if agreement is not registered then , owner is 1st responsible. sent  notice throgh advocate and if possible amicably settle the matter as u will get expeses in the court matter.

amit singh (b.com acc(hons))     05 January 2012

 

sir,
 for  your value able answer would you  please tell me can i ask for market rent(4200) to pay, currently  he is paying(2400) now.he is staying for 24 year old tenant. 
i am form  jamshedpur  jharkhand.. plase suggest and tell me the law and sec.

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