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RAJENDRA (owner)     04 April 2016

Tenant stop rent and not leaving.

i have a tenant from 15 yrs,in the same bulding where i live, he live on second floor.

he with is family live there (he + (his brother + wife + two children)), there is no rent agrement , rent was paid in cash which was 2500 for 13 yrs nearly rented premissis is three room + kitchen+etc(market rate rent nearly now 10500). after coversatation he agreed to pay (10000 + electricity bill charge ) / month.

but from that month he stop giving rent, when ever i ask he give excuse to make in 1 or 2 month, like this it is nearly 13 months,and when i ask to vacant my bulding he is also not doing so.

what i should i do to get out from my bulding as soon as posible as i am planning my brother wedding..

 



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 3 Replies

Rohit Sahu   04 April 2016

It will be good for you to visit a good civil lawyer having experiance of handling cases in Tribunal. Firstly you should look for your State's rent control act because in my opinion your tenant will become a wilful defaulter and it will probably work as a good reason for obtaining an eviction order from the rent controlling authority.

Rohit Sahu   04 April 2016

It will be good for you to visit a good civil lawyer having experiance of handling cases in Tribunal. Firstly you should look for your State's rent control act because in my opinion your tenant will become a wilful defaulter and it will probably work as a good reason for obtaining an eviction order from the rent controlling authority.

(Guest)

1) You should have stated State in your query. So for me it would be easy to refer your state rent act if available. 

2) Looking at Rent Act of Maharashtra and few others states it is now playing with fire. He is staying long and he may try to claim that he is Protected tenant . He may even move application for fixation of standard rent . And that may be dangerous . 15 years is long time and if he has any proof like Gas cylinder , some receipt etc. then also problem. Additionally he may even bring personal witness in court and if they testifies you where staying there for so many years then also the case will be weak.

3) Under circumstances how to get him out you need to act tactfully. And remove him. Don't provoke by direct sending legal notice, If you send legal notice he too will approach some lawyer and he will telly him what i told. So diplomatically remove him. At same time take help of good lawyer handing Rent Act matter.

4) If Maharashtra then this act I am very well versed with ,Other state if you tell and if I get (which is almost same) I can tell you what will be the future, if you go in court.

5) Remove him tactfully. 


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