Rob (Executive) 02 March 2012

How to vacate shop, tenant living since 88 without agreement

Dear Advisors,

Not sure if mine is unique case, please guide. Ever since we constructed our 3 shops, we rented to one of our known person in 1988 @ niminal rent of 200 per month each. He increased the rental 4 times during entire 24 yrs. but we never forced him to increase it. Still the rental what he pays is half of the market rate. We're not worried about rental and don't want him to vacate because of it.. He pays rental in cash. We never formed any rent agreement nor any legal document as we belived him a trust worthy person.

Now my brother, who is not doing well with his job, planning to do his own busniess in the shops. We requested him to vacate the shops but he is not willing to. We have been requesting him for last 6-7 month's so as he can take his time, find another shop and relocate. But all seems going invain.. We never wanted to get into legalalitis, but it seems we have no choice now.

Please advice me what to do.

I'd really appreciate your help

Thanks

Rob

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 March 2012

Issue notice and file an evidtion suit.

Bharatkumar (ADVOCATE ) 02 March 2012

If no make any agreement between both party so no evidence about u give this property in rent, so if u file a suit in court at that time this is very long process so u contact local police station with them for vacant this property.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 02 March 2012

No police business otherwise you will come in problem.

Only course is send notice and file case of evication but it will take its own time may be your life time.

Bharatkumar (ADVOCATE ) 02 March 2012

If relation is good with Police then u contact Police.

Dr J C Vashista (Advocate) 02 March 2012

Legal notice followed by petition for eviction on bonafide ground will serve your purpose

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 March 2012

Since there are no rent agreement etc. involved - don't even recognize him as a tenant, if you file for eviction he is most likely to deny LL/Tenant Relationship let him have the lesser privelege of being a licenseee, it would be much easier that ways - file a suit for recovery of possession. A lot would also depend on the city you are in, i.e the rent control law that is applicable on you. (Don't get into Police stuff)