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Thiru (Chief Architect)     22 February 2010

Procedure for Tenant Eviction

1. I have agreement with Tenant (Not registered) for 11 months
2. Agreement period is not over
3. Tenant not paying rent for last 5 months (Paid rent only for first 2 months)
4. Tenant gave oral notice period before 5 months (Notice period as per aggreement is only 3 months)
5. Tenant not saying will not vacate but always buying time for the past 5 months
6. Neighbors already raised oral complaints against Tenant (Ready to give complaints in writting also) for public nuicance with lot of dogs and cats inside house
7. Not allowing me (Owner) to inspect the house (Very difficult to enter because of lot of dogs inside)
8. Already informed (Not in written) to local police station

I went through many websites and many of them saying law is towards tenant and eviction is not easy it will lot of years to do that - Is it true? Can any one help me to file appropriate case to vacate / evict tenant sooner?



Learning

 27 Replies

Anil Agrawal (Retired)     22 February 2010

Not registered? Forget the whole thing.

Thiru (Chief Architect)     22 February 2010

I thought registration is required only for above 11 months - Can I do anything now?

Thiru (Chief Architect)     22 February 2010

I am scared by your answer - Then how can I vacate my Tenant

Suchitra. S (Advocate)     22 February 2010

Sir, I think you need to serve a legal notice for eviction wherein you give the tenant about 30-60 days time for eviction. In case if within that period if the tenant does not evict, you can file an eviction suit in the Court. You may give the reason for eviction that you need the house for your own use, or you need to carry out some alteration work in that house.

Rupender Sheoran (lawyer)     22 February 2010

Thiru im dealing with the same matter

check out following points

1.How much old is the house? whether the house falls in municipal limits or not.There is a 10 year exemption period,after completing 10 years the suit of ejectment and recovery will be put up before rent controller.

2 Send a legal notice

3.Grounds to be taken :-  1 non pament of rent ....... 2. tenant has been guilty of such acts and conduct as are a nuisance to the occupants of the same building or buildings in the neighboured.

4 you have to prove the issues framed by court with strong and relevant evidence.

 

5. Hire a good lawyer, im not saying an expensive one but reasonably good. Because if u pay handsome only then you`ll get lawyer and  if u pay PEANUTS , u`ll get MONKEYS;)

Good luk

Kiran Kumar (Lawyer)     23 February 2010

dear friend dont panic....ur agreement need not be registered.

 

serve ur tenant with a legal notice for vacation of the property on the ground of non-payment of rent and nuisance due to dogs....if does not respond to the notice then move to the court for eviction.

 

u may file suit for possession or may proceed under local Rent Act, act according to what your local lawyer says keeping in view the latest interpretation of law in your state.

 

and to remove dogs you may take help of municipal authorities and police authorities.

 

and finally if you dont want any litigation then take the neighbors in confidence and hire some gunda stuff or pay some police officer to throw him out of the premises....i know its illegal but its the best possible medicine available for such kinda tenants.....dear litigation may take toll out of you...police will manage everything they will even force him sign vacation documents (though illegally)....u know DANDA power.

2 Like

Thiru (Chief Architect)     23 February 2010

Thanks !  I will keep posted after verifying with local lawyer -

1. I am ready to pay and get good lawyer - I respect all professions and pay what it deserves - I am strong believer on professions and its pay.

2. I think i can get local municipal and police support very easily.

3. It is actually panchayat - Suburban of Chennai. My nature is very soft and that is the reason I was dealing this very slowly. But before I take this matter seriously, Panchayat head after seeing the tenants behaviour  already went to police station and made a complaints. (He is waiting for my acceptance to give written complaints signed by 10 to 15 neighbors) - This is ofcourse only the ground of nuisance and request to remove all dogs, cats etc., + Tenant's mis behavior with neighbour

4. Local police gave them dead line on 28th Feb - He suggested not to approach through lawyer till that date.

5. So I am waiting for that date - In the meantime I thought of getting expert's opinion through this site. So please suggest me any good lawyer in Chennai (South) - Adyar area.

 

sandeep Aggarwal (advocate)     10 March 2010

Sir can you tell me good lawyer in Ghaziabad Courts. Please.

sandeep Aggarwal (advocate)     10 March 2010

I want to know the rent act in Ghaziabad. Whether  it comes under rent act or transfer of property act. Should i file case under T.P.A. or under Rent act.

neesa (others)     14 March 2010

My parents are joint owners of a bldg in chennai, we reside outside india.There are 5-6 shops rented out in the bldg,and  few of the tenants have also been occupying the bldg for more than 18+ yrs.The bldg is 20+ yrs old.A particular tenant running a shop there hasnt been paying his rent for the past 4yrs and everytime the rent is requested he keeps asking for grace time.Off lately he even harrased my parent over the phone and keeps giving lame excuses everytime.The rent agreement was made between the landlord and the tenant 20 yrs back and later it wasnt renewed ,but he continues to use the shop on mutual agreement.(The same is the case for the other tenants).We even have records stating the last payment made by him.(rent receipt issued)

-Now what option is left to evict the tenant.?Someone advised to issue a notice on grounds of rent arrears and landlord wanting to use the space for personal reasons.Since the tenant is there for more than 20 yrs would it be difficult to evict him?

- We send a notice on the same above grounds,but no one received it so we are planning to send it again.Incase he recieves the notice or refuses to receieve the notice what is the next step?

- .How fast would the entire procedure take to evict this person out of the bldg?Since we live outside india we need advise on this.What is exactly the procedure and laws pertaing to this.?

-My father also recently expired,but the bldg is jointly owned by my mother(both dad and moms name),so can she continue all legal actions against the tenant,or if she wills to appoint anyone to do so on her behalf what is the procedure?

Seriously looking for an answer urgently as we also have large amount of property tax to be paid and hardly the other tenants pay their rent on time.Can someone help on this ?If futher details are required wlling to provide trhe same.

neesa (others)     14 March 2010

I would also like to know that if we file a complain in the police station ,would it be legal and would it speed up the procedure.

Anil Agrawal (Retired)     14 March 2010

Police will do nothing. Move court.

bhagwat patil (Property due diligence 9422773303)     20 March 2010

 mr. thiru the 2nd part of ad. kirankumar is though not alegal one but tis is the the only in this system. the other person is taking disadvantage of course of law. it rather suisidal to treat in legal way only . vacating the property takes decads together lot of harrasment and money cosuming mentel tourcher process. secondly never admit that he is a tanent he is a tresspasser or person creating neusence to ur possession like that. 

and finally if you dont want any litigation then take the neighbors in confidence and hire some gunda stuff or pay some police officer to throw him out of the premises....i know its illegal but its the best possible medicine available for such kinda tenants.....dear litigation may take toll out of you...police will manage everything they will even force him sign vacation documents (though illegally)....u know DANDA power.

M. Youvaradjou (Training Officer)     02 May 2010

Sir please let me know what procedures should be followed before letting out a property?  Is it necessary to register the Rent Agreement , even if it is for only eleven months?  What kind of clauses should be incorporated in the Rent Agreement?  The value of Stamp Paper to be used ? Kindly help me.


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