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Kumar   16 September 2018

Evicting a 25+ years staying tenant


We have rented out a home 25+years ago to a tenant. She was a widow. She had many children and they all left except the old widow lady and her last son. Now, there are 5 members in our home. A husband and wife with two kids plus the widow old lady. They are demanding money for vacating. My dad went to many lawyers to vacate the home. All those lawyers told my dad they all suggesting not to come to court for this matter because it will not be favourable for us. The home is in the name of my grand mother. Which is dad's mother. Tenant is sending rent by internet banking. His brother is in BJP and I discussed with his BJP leaders they all told we will not support him and you can go by law. Whenever, we ask him to vacate he used to say he has to discuss with his brother. Now, my questions are,
1. Is leave and license agreement law present in Tamil Nadu?
2. Can I send a notice to him asking to vacate or directly send him an eviction notice?
3. What if he don't sign the leave and license agreement?
4. What are the chances of we losing the rent?
5. What are the chances of tenant getting an injection order against us?
6. What are the most applicable different sections that I can file maximum on tenant?
7. What is the success rate if I file the case and how long it will take?
8. Can I get a stay order from the court while the case is in-pending and ask him to vacate until the case gets over?
9. What is the total fee from the day 1 from doing any agreement, sending notices and till winning the case?

We are not providing him any rent receipt so far. There are not rental agreement between tenant and us. 

10. Is banking statement can rule out necessity of rent receipt? 
11. Is banking statement enough of proof for rent receipt?
12. What is the genuine fee for all of this together till the case ends? (Monthly rent is 3K INR)
13. Can the tenant lie in the court by saying we are paying 3K Indian rupees every month which includes rent and due money to own the home, using bank statement?
14. What action I should perform in order to get the case closed ASAP?
15. What is the best way to get this case closed faster?

16. Can I approach fast track courts for this? There are high profile case which are getting sorted out within hours. Will the same be applicable for a common man like me. I wish to get this case closed within 6 months. As I have to occupy the home once getting married. I don't have a home. We are a 4 members family. My sibling got a match. Me too got a match. We cannot stay in home like 6 people.

17. Please suggest a genuine lawyer in Chennai and Coimbatore who has a proven track record of winning "eviction case" regardless of "injection suit" on the house owner.



Learning

 1 Replies

Adv Deepak Joshi +917017821512 (Advocate)     16 September 2018

Dear querist,

It is difficult to answer every question of your, but will advice you few things if you documentary evidence which can prove that they are residing in your property as a capacity of tenant then they will have to leave the property today or tomorrow.

In case all the positive dialogue between you and then are over and noting positive for you came out than send eviction notice to them. They will not comply with notice than do file eviction suit in competent court.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 


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