Tenant Eviction Process
Thiru
(Querist) 22 February 2010
This query is : Resolved
1. I have agreement with Tenant (Not registered) for 11 months
2. Agreement period is not over
3. Tenant not paying rent for last 5 months (Paid rent only for first 2 months)
4. Tenant gave oral notice period before 5 months (Notice period as per aggreement is only 3 months)
5. Tenant not saying will not vacate but always buying time for the past 5 months
6. Neighbors already raised oral complaints against Tenant (Ready to give complaints in writting also) for public nuicance with lot of dogs and cats inside house
7. Not allowing me (Owner) to inspect the house (Very difficult to enter because of lot of dogs inside)
8. Already informed (Not in written) to local police station
I went through many websites and many of them saying law is towards tenant and eviction is not easy it will lot of years to do that - Is it true? Can any one help me to file appropriate case to vacate / evict tenant sooner?
Parveen Kr. Aggarwal
(Expert) 22 February 2010
With regard to law governing relations of landlord and tenant, there are two aspects. One is the legal provisions and the other is the procedure for implementation of the legal provisions. So far as the legal provisions are concerned they are very clear that a tenant not paying rent to the landlord and creating nuisance, is not entitled for protection of his tenancy rights and the landlord is entitled for his ejectment from the demised premises. However, the procedure provided for implementation of the provisions is cumbersome in view of the fact that courts are burdened with heavy pendency of cases and the delaying tactics adopted by tenants.
If the tenant is not honouring the commitments made with you at the time of inception of tenancy, you must serve him a notice to quit including therein demand of arrears of rent. In case the tenants fails to comply with the notice, initiate legal proceedings against him.
There can be no set formula for getting a case decided sooner. Contact a local advocate and act upon his advice.
B K Raghavendra Rao
(Expert) 23 February 2010
You are not quite correct. The time has changed. The courts are in favour of owners. Even a mere reasoning that 'I want my premises back' is sufficient to evict the tenant.
Give him a legal notice and file eviction suit. You have no alternative but to evict a tenant by due process of law. The suit may take a year or two.
