Tenant Refusing to vacate - owner does not have any other place to say
Aahana
(Querist) 09 January 2011
This query is : Resolved
We signed a 11 month contract with a tenant starting February 2007. Per the terms, agreement must be renewed every December and if not, it will be assumed tenant will continue for another 11 months, also a 10% increase every year per prevalent norms in the area. Our tenant has not renewed the contract explicitly since 2007 December. She also has been paying the same amount for the last four years. We let her continue on compassionate grounds. Now my sister has returned from abroad and wants to live in that house. As per contract we served a notice on 4th December asking to vacate by January 28th. She has replied back with a letter from her advocate asking time until December 2011 to vacate the house. My sister is single and has no place to stay in India. I contacted an advocate who replied that I should talk to the tenant again and ask her to vacate. There is no way I can get the house by January end - even though I have served notice in time. If I approach court, it will take may be 3 -4 years and tenant will not leave house for that time - it is worse than getting house in December. I am surprised that I as a law abiding citizen have no support from the law. What is the tenant says she will not vacate until 2050 and still continue to pay the same rent, because she knows that even if i go to court it may take 20 yrs to get the case solved. I badly need the tenant removed - can anyone help? Tenant has been using the first floor of the house also, though contract covers only the ground floor. She also broke some locked rooms, which were not supposed to be used by her. She has performed repairs and deducted from rent, without furnishing any receipts for the work. I am looking for some way to get immediate possession of the house so that my sister is not homeless. Can I file an FIR - will police help? Any help is highly highly appreciated.
Devajyoti Barman
(Expert) 10 January 2011
You did not mention the name of the State.
Any way rhe Rent Act in all the State is same at least in 1/2 things and that is no tenant can stay in a tenanted property without paying any rent and if the landlord reasonably requires the property then she can get the same but for that he will have to file a suit for eviction of the tenant. So without any delay proceed to file asap as it wuld definitely take some time for its conclusion.The case is in your favour.
Aahana
(Querist) 10 January 2011
Thank you Mr. Barman. Property is in Karnataka. Is there a fast track court? f eviction suit is expected to take 4 years, I want to explore alternate ways that can fetch me the house sooner. Couple other questions: 1) Is there a law which says that if property is worth more than 10 Lakhs, the owner can get immediate possession of the house - this is a clause put specifically to resolve cases like mine where i dont have an alternative but to camp in front of the house. 2) What all damages can I claim in the event I file a suit - can I claim the difference in rent for each of the three years? Can i claim interest there on? 2011 rent agreement is not yet signed. I want to make a settlement out of court if possible, if she can vacate in two months. I plan to make a contract for 3 months at an increased rent rate. If tenant refuses to sign the contract and pay the increased ren and I am forced to file a case, will the court help me in getting the increased rent or will they argue that the new contract is not yet signed - so tenant will pay the older amount only? Sorry for too many questions, but I am totally shocked and helpless.
Devajyoti Barman
(Expert) 10 January 2011
Ther is no such law as yet to fast track such cases.yes you can claim interest on the arrears. If you are in so much of hurry then it is better to go for out of court settlement but get ready to fork out a hefty sum of money.
Aahana
(Querist) 08 May 2011
Hi,
My uncle and I had a partnership deed for a firm and purchased a shed in industrial area for operations. My uncle has since expired. The partnership deed has expired. My uncle has no family. He divorced in 1997. We have no contact details of his ex-wife. The khata for the shed is in the joint name of me and my uncle. I now want to convert it to my name. I am now being asked for a family tree for my uncle and a release deed from his wife that she has no objection to converting the khata to my sole name. At the time of divorce, my aunt has explicitly stated that she has no interest in this business or the property. But there is no written document to confirm that. Now that we have no idea where she is, what alternatives do I have to get the Khata name changed?
