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Anitha Somnath   26 May 2021

Evict tenant in a non commercial property

Dear Sir/Madam,

I stay in Bangalore and am trying to vacate my tenant since last year.

As the tenant didn't pay the rent stating lockdown. I had given a vacation notice in August 2020 to vacate the premises in 3 months.

The tenant transferred 50000 rupees in the month of October and when asked to vacate in November rudely stated that he had to marry off his daughter and cannot vacate until December-2020.

It has been 6 months since December and he still hasn't vacated the premises!

 

Now due to lockdown he has fled to his hometown and refuses to answer calls.

 

Could you please help me with an easier process for eviction ?

Note:

1. Tenant hasn't paid a single penny since October

2. He's due on a month's rent and painting charges (which exceeds the advance amount I had)

3. I have not renewed the rental agreement for the last two years due to this confusion.



Learning

 9 Replies

Vandan Kumar   26 May 2021

File a suit of evidction under rent control Act and claim the damage alongwith Legal charges.

Sankaranarayanan (Advocate)     27 May 2021

immediately send a legal notice as pointed by the expert

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 May 2021

If the tenant is not cooperative, the only legal alternative is filing a case seeking eviction through Court. Contact a local able and reliable Lawyer and seek his/her assistance, duly showing the rental agreement, receipts issued to the tenant and any other relevant records.

Anitha Somnath   27 May 2021

Dear All,
Thank you for your inputs.
As I don't want to drag this and get him evicted at the earliest. Can police intervene in this matter before approaching legal process? 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 May 2021

Tenancy cases comes under civil disputes. In the scheme of the Constitution of India, the duty to resolve civil disputes is entrusted to judiciary. Police have no such power. Any interference by police in a pending civil dispute or a potential civil dispute between two citizens or two groups of citizens is not within the province of the police.

G.L.N. Prasad (Retired employee.)     27 May 2021

Contact a local advocate and he knows the tricks to evict such tenants.

T. Kalaiselvan, Advocate (Advocate)     27 May 2021

The tenant landlord disputes are civil in nature hence the police cannot interfere in it.

You cannot avoid the time consuming legal process if you approach the court of law for evicting the tenant.

But you do not have any choice other than this because you  have wasted almost a yer thinking about the delay the courts may take on such cases.

Now if you sit at home again on the same principal, you will not get any relief even after passage of 10 years,  and the tenant will not vacate or it will become more difficult for you to evict him from the rented premise. 

Therefore you act immediately to first issue him an eviction notice for default in rental payments and termination of the agreement.

Let him respond to the notice or not you may approach the rent controller court with an eviction suit and proceed legally without anymore delay.

Now it is upto you to decide.

 

P. Venu (Advocate)     28 May 2021

Yes, the dispute is civil in nature and the police has no jurisdiction to interfere in such disputes. Eviction of the tenant is possible only through the due process laid down under the Rent Law in force in your State. Nonpayment of rent, by itself, is a substantial ground for seeking eviction.

Anitha Somnath   04 June 2021

Hi all,

Thank you for your valuable suggestions. Could you please tell me how to file an eviction suite and how long does it take to get an eviction suite in hand?

 

 


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