Tenant

Querist : Anonymous (Querist) 21 October 2010 This query is : Resolved
Dear All Experts

my house gave rentel basis to a tenant at 2003, he gave the rental amount without fail give 6 months, after that he has not give any rental and also he has not vocate my house still to date 2010, we are complaint the police station, the tenant tell that we will vocate house with in three month but he never vocate the house and he (tenant) asked Rs 1lkhs for vocate the house otherwise we cann't vocate the house. what are the steps we will take for vocate the tenant from my house, what are the procedure we follow ?

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Raj Kumar Makkad (Expert) 21 October 2010
The procedure is very easy and short. You engage a local counsel and file a rent petition seeking vacation of the house on various grounds including non-payment of rent and your self-need/requirement. You also claim the arrears of rent for 36 months. Definitely your petition shall succeed and he shall have to vacate the aforesaid property without charging anything from you rather he shall have to deposit the arrears of rent restricted to last 36 months and all future rent.

Devajyoti Barman (Expert) 21 October 2010
Yes, if you had taken the advice of an advocate you would not have wasted time doing rounds the police station. Immediately file suit for eviction of tenant on the ground of default of payment of rent as well as of reasonable requirement after giving the tenant one clear month of notice.

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 October 2010
Do you give reciept of rent taken or do you maintain accounts. If not deficult to claim overdue rents . Eviction not easy , if you file police complaints there may be counter complaints of mischief and what not.

Kirti Kar Tripathi (Expert) 21 October 2010
though procedure foor eviction is very well advised by Mr. Makkad but in case, the circumstance mentioned by Mr. Shashikumar present in your case, the getting relief is difficult.

s.subramanian (Expert) 24 October 2010
I concur.

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