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Procedure for Tenant Eviction

Page no : 2

MANOJ (Chief Manager)     18 May 2010

Hi

Just wanted to know if the agreement period is over and if a renewal agreement is not made then tenancy does not come to an end automatically. If it ends automatically then a simple FIR to police that my house has been occupied illigally won't work to evict the tenant ? because the tenant can not show any evidance of tenancy after the period is over and the contract is no longer valid.

Please let me know your views on this.

Regards

 

Manoj

 

 

Distressed owner (Mgr)     15 July 2010

Dear Mr. Thiru. Am in a similair soup with my tenant in Chennai. Can we touch base, please share your number Mine is Nine five six zero  one nine nine two one nine ? Thanks.

Bobby Mani T (Lawyer)     15 July 2010

Neesa,

Send notice to tenants as per the rules prescribed.  If they are not receiving the notice even if sent to the building they are possessing under the lease, that brings a infrence that it either the building is not being used, or that the building is sublet to some one else.  in either case that is a ground for eviction. Engage some lawyer at chennai who is welversed in civil law particularly in rent control.  My advice is not to waist time. the legal process will take time, if you delay yourself for filing evicitin petition it will add uppon the time taken.

Bobby Mani T (Lawyer)     15 July 2010

Rent agreement for more than one year is compulsarly registrable.  The value of stamp paper is same as bottomry bond as prescribed in the stamp Act.  The clauses are to be drafted by a lawyer who is competent n civil matter.

Bobby Mani T (Lawyer)     15 July 2010

Do not get worried by the advice of non proffessionals in the matter of rent contol.  Eviction is possible under every rent control Act under certain grounds.  there are groups who help landlords, as in kerala there is rented builings owners association, they even have a web just look at it www.reboker.com

Distressed owner (Mgr)     15 July 2010

Dear Mr. Bobby. How could I find a good lawyer in Chennai. My widowed mother who is a senior citizen is facing probelms evicting her tenant who has been overstaying w/o paying rent since last october after lapsing of a 11 month lease agreement. Can this be taken on fast track given the hardship faced by  a widow. She is currently in Chennai running from pillar to post trying to get some solution. Please do suggest. Thanks very much.

Bobby Mani T (Lawyer)     19 July 2010

The agreement need not be registered, further, you can file petition for eviction on the ground of arrears of rent even if the period of lease is not over.  The tenant has violated the condition of lease.  Hence file eviction petition immediatly.

Bobby Mani T (Lawyer)     19 July 2010

Do not waist time by running from pillar to post.  Just find a lawyer and file a petition under rent control Act in the court of rent controller.  No other agency can give you any remedy.  Finding a lawyer at chennai from here is difficult.   IF there are any building  owners association there contact them, they may help you.  Here in Kerala we have one and their web address is www.reboker.com

pawan kumar (-)     26 June 2011

I RENTED OUT SHOP IN AMRITSAR AFTER ENTERING INTO AGREE MENT FOR 11MONTHS.TENANT PAID RENT FOR ABOUT 16MONTHS BY CROSSED CHEQUE THEREAFTER HE STOPPED PAYING. WE KEPT HIM REQUESTING AND HE USED TO PROMISE EVERYTIME SAYING HE WILL PAY ENTIRE ARREARS AS SOON AS HE GETS REMITTANCE FROM ABROAD. RENT IS OVERDUE BY MORE THAN 18MONTHS. HE HAS ALSO MADE SUB LETTING BY DOING ALMINIUM PARTITION AND WAS GETTING RENT FROM SUB TENAT BY CROSSED CHEQUE.FOR THE LAST 8MONTHS HE IS NOT COMING TOSHOP AND PUT HIS LOCK.ONLY FEW FURNITURE ITEMS ARE LYING. PL. GUIDE AS TO MY LEGAL POSITION IN CASE I FILE EVICTION PETITION BEFORE RENT CONTROLLER

Vaishali Patil (IT)     02 November 2011

HI All, I have tenant staying since last 25 yrs, We don't have any agreement .We asked asked them to vacate home, It did't work.

 

Please tell me the process

Well Wisher (analyst)     19 December 2011

why are so stupid laws in India i have ever seen.

1.Petrol prices hikes and we have to hook and cook pay the hike prices.
2.Court fees increases and we have to pay fees to file our case also without that court will not allow to enter the gate also.
3.Don't pay electricity bill, water bill any government bill disconnection happens immediately.

Then why is that a  owner has to wait for the court so long to evict his tenant, tenanat not paying rent for 1 month also should be evicted immediately.Owner should be given rights, stupid laws need to removed and applied with new rules.

May be i am wrong but i felt this....

jai ganesh (business)     28 April 2012

landlords are greedy.....in many cases....so no one is right.....

Mir   07 October 2015

Hi..

My friend needs your help badly. Her Mother who is a widow has let a family for rent without any agreement. My friends mother is not educated and she does not know what Rental Agreement is all about. She has let houses for rent for more than 20 years with no Rental Agreement and no rent receipts (all happened with just "Trust of Word").

A tenant troubled her by not paying the Rent for 3 months. She disconnected the Electricity after giving him several warnings. The tenant went to Police and gave complaint. My friends Mother went to Police Station and requested the Police to help her in Vacating such kind of Tenants. She gave the Electricity Connection back thing that the tenant will vacate in 1 month time.

The Police asked the Tenant to give in Written that he will Vacate the house in 1 month time (10th September). In the Meantime the Electricity department people disconnected the Electricity as the Bill was not payed. The Tenant approached the Lawyer. 

How can I help my friend and what should I advise her.?

My friends mother does not have a Rental Agreement, does not have a Rent Receipt as she is not used to it in these years. Please advise what she can do to vacate the person who is neither paying the rent nor vacating the house..

Does Law suppot a person who simply comes in a house for rent and does not vacate the house and create problems..?

How long will it take to vacate such people who are unjust..?

Awaiting for your expert advice.


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