Tenant not vacating the flat

Arjun Mohite (Querist) 10 April 2013 This query is : Resolved
Dear Sirs,

We have one flat in Pune. We had kept one tenant 6 months back. He stays with his 2 friends. We did not make any agreement. He paid rent for 3 months, thereafter has stopped paying the rent. We asked him to vacate, issued notice to him, still he is not vacating. Kindly tell as to how we can get back the possession of our flat.

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prabhakar singh (Expert) 10 April 2013
See a local lawyer.

You need to serve him notice of determination (termination)of his oral tenancy/leave /licence and for arrears and damages and to file suit of eviction after one month from the date of service of such notice.

Devajyoti Barman (Expert) 10 April 2013
If you have already given him eviction notice then file suit for eviction on the ground of default of rent and bona fide requirement.

adv. rajeev ( rajoo ) (Expert) 10 April 2013
File a suit for eviction

Raj Kumar Makkad (Expert) 10 April 2013
You are now required to file suit for eviction and compensation thereto.

Advocate M.Bhadra (Expert) 10 April 2013
Filing of suit you shall be govern by Maharastra Rent control Act 1999.Eviction of tenants is a long drawn and arduous process - for which you should ideally refer to a legal professional in Pune.

One of the grounds under which you could get an order of eviction is if you require the house for your own occupation, which, from your question, you seem to do.

Section 16 (1) (g) of the Maharashtra Rent Control Act, 1999, provides that a court shall order eviction if it is satisfied “that the premises reasonably and bona fide required by the landlord for occupation by himself […]”.

However, do keep in mind that there are a number of conditions under which such eviction orders are given. I would suggest that you get in touch with a lawyer for a complete understanding of your options.

Vidhi Joshi (Expert) 10 April 2013
agree with all experts above...nothing to add

Arjun Mohite (Querist) 11 April 2013
Will police help in eviction without going to court? Is there any speedy remedy?

Kindly advise.

prabhakar singh (Expert) 11 April 2013
q.1.Will police help in eviction without going to court?

A. NO!Can not legally.

q2.Is there any speedy remedy?

A.Except eviction suit already told,no other remedy in law is available.