Eviction of tenant


Hello,

I hail from Tamil Nadu and would like to know the clause / section to evict a tenant under the following circumstances,

    a) A premises in my residential building was rented to a firm 5 years back.
    b) A year back the firm rented another premises that is 50 yards away from my building for the same business purpose.
    c) Now the firm carries out its business in both the premises.

Though, I have not signed the lease renewal agreement that was due 5 months back the firm refuses to vacate my premises.

I had once heard about a section under some lease law that enables a landlord to evict a tenant who has moved to a new occupancy in a same locality and refuses to vacate the old tenancy.

Kindly advise me about such sections.

Regards,
Ashok

 
Reply   
 
Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

You can ask the tenant to vacate your premises on the ground that the lease period was got expired. But, not on the ground that he expanded his business by availing some other premises also.

 

Therefore, our advice is just send a legal notice to the tenant to vacate the premises on the ground that the rental period has already been got expired along with other additional grounds if any. It is also to be mentioned that the occupation of the said premiss after expiry of lease period is nothing but an illegal one. Hence, you can also claim damages for the illegal occupation of your building till he vacates the same.


If the  notice is not favourably respondent, you have to initiate appropriate legal proceedings through Court of law to evict the tenant.


Total likes : 1 times

 
Reply   
 



Issue a legal notice to tenanat u/s 106 of T.P.Act and ask him to vacate the premises as lease period has been over .also claim damages for use and occupation of premises from the date of expiry of lease agreement.If tenant  does not comply with notice than file ejectment suit against him.


Total likes : 1 times

 
Reply   
 

Thank you for your reply.

Can the tenant be evicted under (Eviction of tenants) section 10 (3) (a) (i) of Tamilnadu Buildings (Lease and Rent control) act 1960 that mentions as;

(3) (a) A landlord may, subject to thc provisions
of clause (d), apply to the Controller for an order directing the tenant to put the landlord in possession of the building-

(i) in case it is a residential building, if the
landlord requires it for his own occupation or for the occupation of [any member of his family] and if he or [any m2mber of his family] is not occupying a residential building of his own in the city, town or village concerned ;

 
Reply   
 
Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

Yes. Apart from the ground already mentioned in my previous reply to this query, the requirement of premises for the occupation of the landlord or his members also could be added as additional ground.

 

Note that if rental disputes arose inrespect of building situates within the limit of Municipalities and Corporation in Tamilnadu state, the Rent Controller having jurisdiction and the state rent control act will apply.


But, in respect of building situated out side of the said Municipalities or Corporation limit, Civil suit alone can be filed for the rental issues .

 
Reply   
 

What other clauses/sections can be raised to make the tenant vacate?

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x