Tenant is not supposed to leave my rented house
Asif Iqbal Ansari
(Querist) 16 April 2014
This query is : Resolved
We have a two storied RCC house given on rent for last 15 years. The property is in my father's name. There are four tenants in four parts of the premise; two on ground floor, two on first floor. One of the tenant is our paternal relative, in 2001 as they were in very much trouble regarding residence, my late father had given a part of the said house on rent of Rs.900/- to them without any written agreement. Father was expired in 2008. The said tenant has no land or house in our knowledge. Now as we are asking them to vacate the part in which they are living, they are not responding. We have made 11 months rent agreement with them for last two years. When we asked them to leave the said part, they say we don't have a land or house, where will we go. But as per our agreement, they must vacate the premise in three months notice period. On the new rent agreement, we have increased the rent from Rs.2000/- to Rs.2300/-, they have signed the agreement without any objection but not paying the rent for last two months. We came to know from some neighbours that there are not willing to vacate the house. Some people said, they will claim our house as their own. Now we need expert advise what we should do. Thank you.
Devajyoti Barman
(Expert) 16 April 2014
If tenant is refusing to vacate the property then suit for eviction is only option. Contact a lawyer soon.
Rajendra K Goyal
(Expert) 16 April 2014
Send legal notice to vacate the premises and pay the rent. file suit to vacate the premises. Court case may take 3-4 years.
R.K Nanda
(Expert) 16 April 2014
file eviction petition in court.
ajay sethi
(Expert) 16 April 2014
issue legal notice to tenant for non payment of rent and to vacate premises . file suit for eviction
Asif Iqbal Ansari
(Querist) 16 April 2014
Thank you so much for all the replies and advice. Can our tenant refuse to vacate the premise? If so, on which ground?
ajay sethi
(Expert) 16 April 2014
tenant just wants to extort money from you for vacating house . hence he is refusing to pay rent too
Devajyoti Barman
(Expert) 16 April 2014
Tenant need not show any ground to vacate premises if suit is filed.
It is you/landlord who will have to prove bona fide requirement of property.
T. Kalaiselvan, Advocate
(Expert) 16 April 2014
Default in payment of rental amount will become a sufficient ground for eviction suit. Moreover, since the rental agreement period stands terminated by the condition of limitation, the eviction suit is sustainable. Contact a local lawyer and issue them with a notice first and then proceed with the suit.
Asif Iqbal Ansari
(Querist) 17 April 2014
Dear Experts, We have one more query. We heard from some people that if a tenant stays in a rented house for more than 12 years, they can claim the house to be their own. Is it correct? Because our tenant entered our house in 2001 and it is almost 13 years till now and the intention of our tenant seems to be not good. Please clarify the doubt.
Devajyoti Barman
(Expert) 17 April 2014
No, you are wrongly informed.
Once a tenant , always a tenant.He can not dispute title of his landlord
ajay sethi
(Expert) 17 April 2014
tenant can never be owner of premises . once a tenant always a tenant
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
You have been thoroughly misguided by people having vested interest in seeing you are in trouble,hence do not go by the words of rumour mongers, better consult a good lawyer and proceed as per his advise on the lines of suggestion made herein above.
Asif Iqbal Ansari
(Querist) 17 April 2014
Thank you so much for your advice and guidance. Thank you.
