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Well Wisher (analyst)     24 June 2011

How long it takes to evict a tenanat commercial in hyderabad

Hi,

I have an Registered Agreement with my tenant for 3 years(2009 to 2012), but the tenant is not paying rents on times and some time he does not pay rents for months. I want to evict him there is clause in rental agreement that if the tenant does not pay rent for 3 months continiously the agreement will be terminated with any notice.

Based on above can i evict my tenant and also how long does it take to evict him in hyderabad fo commercial property. I heard Hyderabad laws for landlord are weired and mostly in favour on tenant is it true and does it takes years to evict.

 

Useful advise and looking for a experience advocate to handle this...

Thanks

VK



Learning

 13 Replies

kumar t v s (advocate)     24 June 2011

If you have a registered lease deed and proof of non payment of lease amounts continuously for three months you may send a notice terminating the lease and to deliver possession as per the conditions of lease agreement.

If he fails to vacate by the time, every day of his occupation is treated as trespass and courts will evict him and also grant measne profits for all the days of illegal occupation.

Consult a good advocate and proceed accordingly. 

Kumar TVS

Well Wisher (analyst)     24 June 2011

HI kumar,

Thank you very much for your prompt reply . can you also let me know how much times does it take for this complete process.And there is one clause at further dispute will be taken to arbitory is it benefited one or this can delay the case more..

Thanks

NK

kumar t v s (advocate)     24 June 2011

Consult an advocate with a copy the agreement of lease for better advise.

KumarTVS 

Well Wisher (analyst)     24 June 2011

Hi kumar,

Thanks a lot again for my query before going to an advocae i am just seeking advice so that i dont run in many years of case.  I have met couple of advocate and the story was different from all the three.

1 said they tenant can get stay order then i have to run behing courts for years

2 said it may take 2 years for results

3 said my case is weak as registered agreement is nothing but a rental deed which is common as other agreements. so i came to this site to get the best advice.

Terms in Agreement which the tenant has breached are.

1)Municipal commerical tax to be paid by him is mentioned very clearly but he did not pay so on muncipal commisioner pressure i had to pay that tooo.

2)3 to 5 months rents arrears every time and pain for  me from past 2 years and he never lifts my calls for months.

3)i gave him cellular parking for vehicle parking he is using that for his garbage and storage inspite of telling him couple of times he say do what ever u want to do.

4)Damage to property as its a bar .Inspite of informing him he never  cares.

5)so any action can i take to stop his liquor license becuase one license is renewed he is a real touture to me.

wanted some clarifications before i again being in pain ...

Thanks

NK

kumar t v s (advocate)     24 June 2011

Sri NK,

Predicting a timeframe for the court result is difficult from just one side version n without verifying the docs.

You mentioned that there is an arbitration clause, hence civil courts may not entertain the suit before  an arbitration award.

Please consult a good advocate for a proper advise.

Kumar TVS

MANOJ KUMAR (Senior Assoicate advocate)     24 June 2011

Hi,

You have a good case, where there is a chance to get an order in your facour, but before this once we have to go through the hard copies/ agreements, so that a clear pricture of case can be drawn.

bye..............

Well Wisher (analyst)     07 July 2011

Hi manoj,

 

If you are from hyderabad then can i have you adress to meet your in personal and discuss the issue.

Thanks

Originally posted by :naveen
"
Hi,

I have an Registered Agreement with my tenant for 3 years(2009 to 2012), but the tenant is not paying rents on times and some time he does not pay rents for months. I want to evict him there is clause in rental agreement that if the tenant does not pay rent for 3 months continiously the agreement will be terminated with any notice.

Based on above can i evict my tenant and also how long does it take to evict him in hyderabad fo commercial property. I heard Hyderabad laws for landlord are weired and mostly in favour on tenant is it true and does it takes years to evict.

 

Useful advise and looking for a experience advocate to handle this...

Thanks

VK
"

Dhananjay (MD)     17 July 2011

Hi Naveen I am also having a similar tenant problem. Could you tell me what you have done to evict him
?

Well Wisher (analyst)     27 March 2012

Hi Dhananjay,

I have filed a case against on my tenant , as there was an arbitory clause i have to appeal court for one arbitory to be appointed for my case and its more then three months i still did not get my arbitory.

Court cases are slow and painfull .Already tenanat not paying rent is one pain and going to court is another pain on that fees of court , advocates .some times i feel why did i made a commercial land and given on tenanacy. Its being 6 month i did not get rent and paying fees from pocket.

Pain ful laws in India really bad experience entering court.Laws are very stipulated in India

Bobby Mani T (Lawyer)     17 April 2012

It seems that a new Rent Control Act is being Passed by the Andhra Predesh Government last year.  IT has got so many provisions that are favourable to the Landlord.  I have read this in Hindu New Paper.  Please chek into that,  IF that is the case you may be able to get some relief.  The New Rent Control Act is passed based on the MOU with the Central Govenment on JNNURM.

https://www.reachnri.com/html/news_readmore.php?a=a&rmid=13254&start=90

check this link

Well Wisher (analyst)     25 April 2012

Hi Bobby ,

Thanks for reply but again the rental law is for below 10000/- per month rent and my rent is 35000/-

Any new law for commercial property or any benefit law for owner taking rent more then 10000/-

Thanks

Vk

anand (Asst manager)     06 August 2012

Hi,

Indian Rent control court (RCC) procedings and the hearing process are to slow and moves slower than snail. Especialy the rural area courts either no appointed judge or cover person who is already  loaded with 2 or 3 courts.

Personaly I HAVE LOST CONFIDENT ON RCC, Am an affected landloard living in overseas, one of my commercial property was rented by my father (rented for past 4 years with every 11 months contract), I have filled the court notice in Nov 2009 to convert as residential unit for my own use.

Since that  court hearing was adjourned almost every 1- 2 months. My tenant did not appear to court for many hearings and in Feb 2011 court issue a Ex party (Deafulter) judgement favor to me. Since that my lawyer is processing the EP(Eviction pettiotion), quite closer to EP hearing,  tenant submitted a lawyer notice to restart the case.  Almost past 18 months he did not pay any rent to court, however judge accepted his notice and started the proceding, as usual one more time he did not turn to court, one more time in July 2012 the new judge issue a Exparty order for him to evict,..

Understand that tenant is trying to submit medical excuse to restart the case one more time,.. all along my case is still in sub-court only. In side track, tenant is demanding 10 lakhs to evict, since we did not agree, he has started to modify building and sun lease to many shops and converted the open area as car park. We got the High court stay to stop further buiding modification. However all his sub lease are not contracted and he claims all his business units.

 

My father already 80 plus and am in overseas. We are really helpless, though I have engaged a strong legal adviser, existing process oes not allow to move. If it goes in this speed most likely my grand son (am in mid 30's) may need to step in to resuce my asset. If any options to expedite the legal hearing kindly advice.

 

Sincerely,

Anand

 

 

Well Wisher (analyst)     26 June 2016

Court trails as stated are slow painful Issued notice and waited 60 days tenant did not reply so requested court to appoint arbitrator High court chief justice took 6 months to appoint arbitrator Case run 6 months near arbitrator and 6 months arbitrator took to pass judgment Waited 60 days and my tenant applied appeal in civil court The case run for1 year and then judgment passed to evict Waiting 90 days tenant applied appeal in high court 3 years no rent no possision got Still hoping for justice and taking pain paying heavy fees But i know that high court will take1 or 2 years and then Supreme court the appeal can be made Nk

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