binny singh (business) 29 June 2022

How to get rid of old tenants

hello,

our property is in cantonment meerut, we have rented shops for last 30 years with same tenants, those were alloted with very minimal amount, which is not written in papers. their current rents are approx 2000/ each. now with change of times, as our property in prime location its our right that we should get the fair rent for our property. but in vain as tenants are adamant of not changing rents beyond marginal increase.

they are claiming very huge compensations from us which is not possible for me to pay in case to evacuate the shops.

they are ready to go to the court as we have given them notices. rent has been not received by us for the last 1 year, for which they money orders the same through court, which we refuse to accept.

they are very confident that the system would take years to settle the case ( which is true indeed) and pressurizing us through various modes to continue with the same or pay them huge compensation or else sell the shops to them and take the 20 % of market value. they were saying that as we were owing this for more than 30 years and your share would be 20 to 25 %.

kindly suggest me the better legal ways to accelerate the legal process.

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3 Replies

Dr J C Vashista (Advocate) 30 June 2022

Issue a legal notice for fixation of rent, recovery of outstanding rent and eviction through a local prudent lawyer, now-a-days it rent laws ( it is a state subject) are not in favour of tenant(s).

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Anila Sabu 30 June 2022

Dear Querist,

Step 1- Sending the tenant a notice to leave.
An eviction notice must be issued to the tenant, filed in a court with jurisdiction over the matter, and include the grounds for eviction as well as the time and date by which the tenant must vacate the property. The renter must be given a reasonable length of time to leave the rental property, according to the landlord. The renters frequently leave the rental property after receiving a court-issued legal notice.

Step 2- Bring an eviction lawsuit.
The tenant has the choice to refuse to vacate the rental property and contest the eviction after receiving the court's eviction order. In this situation, the landlord may hire a rental property lawyer to bring eviction proceedings against the renter. The civil court that has jurisdiction over the rented property is where the tenant's eviction action is filed.

Step 3- The final eviction notice
Following a hearing with both parties, the court issues a final legal notice of eviction for the tenant based on the arguments and evidence given. The renter is required to vacate the rented unit as soon as the court issues the final eviction order because they cannot ignore this notice.

Normally it takes 3-7 years to evict a tenent, but if you really want a speedy trial then you can apply such petition before the court.

It is advisable not to utilise any of the "discretionary" grounds for possession if you need to evict your tenants due to their bad behaviour, unless the situation is extremely dire. These disputes typically drag out and cost a lot of money since the tenant can present a defence (particularly if your tenant obtains legal aid to defend). In virtually all cases it will be quicker and cheaper to wait and use the accelerated procedure.

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P. Venu (Advocate) 30 June 2022

You are entitled to approach the Court seeking fair rent. So also, the Court could be approached to seek eviction in terms of the specifc grounds as specified in the Rent Laws in force in Maharashtra.

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