HARISH 02 November 2020
I RENTED OUR INDIVIDUAL HOUSE PROPERTY TO PERSON FOR 11 MONTHS ( AGREEMENT MADE ON FEB 2020) . THE AGREMENT SIGNED BY BOTH OF US ON TWENTY RUPEES STAMP & AUTHORISED BY NOTARY PUBLIC . NOW I NEED THE HOUSE SO THAT I ASKED MY TENANT TO VACATE THE HOUSE ( THREE MONTHS IN ADVANCE INTIMATION ) BUT THE TENANT SAID HE WILL VACATE THE HOUSE . HE NEED TO STAY IN MY HOUSE FOR THREE YEARS . BUT I AM NOT WILLING TO CONTINUE . WHAT SHOULD I DO NOW
Subhasri Chatterjee 02 November 2020
Hello
The rental law in India empowers landlords to file an eviction suit against their tenants provided justified reasons and specific conditions. One of those conditions is that if you require the property for your own occupation or for any of your family members.
In this case, as the tenant is still not get ready to move out of the rented flat or house even after getting the court’s eviction notice, you should hire a rental property lawyer and file an eviction suit against the tenant in a civil court under whose jurisdiction your property comes in.
When the court listens to both sides and releases an ultimate eviction notice for the tenant, the tenant cannot overlook the order of the court and is bound to leave the tenanted premises. In order to get back your rented property, you need to satisfy the court that you require the premises for your own occupation and you don't occupy any other residential premises nearby. As the agreement of 11 months is about to end, if you do not renew the agreement and the tenant chooses to remain in the house, then that would be illegal occupation and you can legally claim your rights.
Hope this answer helps you.
Best regards,
Subhasri Chatterjee
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