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Gayatri Gaitonde   18 December 2020

Removal of old tenants

Our 1935 house in Andheri has tenant since 1940 who don't have any initial documents but rent receipts

A lawyer suggested as we can't increase rent much we can trust to remove them stating we need the house as our son getting married

We will have to fight a case in small cause court in Bandra

Is this appropriate? 


 5 Replies

Samayeta Bal   18 December 2020

Hello there,

The laws on rent differ from state to state, however, the only way to evacuate them is by paying them consideration for them to leave and handover possession peacefully, or contest eviction proceedings in the rent tribunal.

If they live for over 50 years, the law states that the landlord can either sell the property to him [preference should be given to him] since he lived there for 5 decades or let him continue living there. In order to vacate him in that place, compromise with him and pay him more than the advance amount for example if he has paid only 5000 rupees 50 years ago, advance pay him 1 lakh and ask him to vacate. It is very difficult to vacate him, even though the legal channel. These days no lard lord is interested in letting the tenant live there beyond 3 years and he looks out for new tenants fearing this problem.

Hope I could answer your query.

Samayeta Bal.

1 Like

Kishor Mehta (CEO)     19 December 2020

You have to file an eviction suit RAER at Bandra Small Causes Court, under bonafide requirements clause of the Maharashtra Rent Control Act 1999. Appoint a practicing advocate. 

Shashi Dhara   19 December 2020

Follow Ur advocate trust him 

P. Venu (Advocate)     19 December 2020

Yes, eviction is possible only in accordance with the due process. 

Dr J C Vashista (Advocate)     21 December 2020

Rent control is a State subject.

In the circumstances you can take chance of filing eviction petition through a local prudent lawyer.

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