A tenant has criminal background but as of today no arrest warrant is pending against him and he has submitted himself before the court. The criminal history was reported in newspaper. Can having criminal history be used to evict him from premises?
TANMOY (director) 28 September 2009
A tenant has criminal background but as of today no arrest warrant is pending against him and he has submitted himself before the court. The criminal history was reported in newspaper. Can having criminal history be used to evict him from premises?
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
REGARDING THE EVICTION OF CLIENT KINDLY NOTE THAT
1.YOU MAY ISSUE A LEGAL NOTICE OF ONE FULL CALENDER MONTH MEANS STARTING FROM 1ST DATE OF MONTH AND MENTION ALL FACTS INCLUDING ILLEGAL ACTIVITIES AND USE OF PREMICES FOR ILLEGAL PURPOSE AND CAUSING NUISANCE TO THE NEIGHBOURS DUE TO CRIMINAL ACTIVITIES OF TENENT. YOU HAVE TO SEND THE SAID NOTICE BY REGISTERED POST A.D. AND GET IT SERVED ON THE TENENT.
2 KINDLY NOTE THAT DEFAULT IN PAYMENT OF RENT ARREARS AND ALSO ILLEGAL ALTERATIONS MADE IN THE PREMICES WITHOUT THE CONCENT OF HOUSE OWNER , SUBLETING THE HOUSE TO SUBTENENT, USING THE PREMICES FOR SOME OTHER COMMERCIAL PURPOSE DIFFERENT THAN PURPOSE FOR WHICH IT WAS ORIGINALY ALLOTED., ARE ALSO SOME OF OTHER GROUNDS FOR EVICTING THE TENENT
3.KINDLY NOTE THAT TENENCY MATTERS ARE TO BE HANDLED WITH PRECAUTION AS THOSE ARE DIFFERENT FROM ORDINARY CIVIL COURT MATTERS. TENENCY LAW IS VERY COMPLICATED SUBJECT HENCE MATTERS BE REFERED TO EXPERT.
KINDLY NOTE THAT IN CASE YOU NEED ANY FURTHER INFORMATION YOU MAY WRITE OR SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU LYOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
H. S. Thukral (Lawyer) 28 September 2009
I donot find any provisions in the rent control legislations where a tenant accused of criminal activities can be evicted on this ground. However if it is a lease agreement and there is covenant that the leasee shall not create nuisance /etc, then such criminal activity gives rise to a breach of contract and lease can be terminated.
Sarvesh Kumar Sharma Advocate (Advocacy) 29 September 2009
yes i have also the same view as mr. thukral.
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