Civil Procedure Code (CPC)

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HARISH   02 November 2020

Rented property dispute

I RENTED  OUR INDIVIDUAL HOUSE   PROPERTY  TO PERSON  FOR  11 MONTHS  ( AGREEMENT MADE ON FEB 2020)  . THE  AGREMENT  SIGNED BY  BOTH OF US   ON TWENTY RUPEES STAMP & AUTHORISED BY NOTARY PUBLIC .  NOW I NEED THE  HOUSE  SO THAT I ASKED MY TENANT TO VACATE  THE HOUSE ( THREE MONTHS IN ADVANCE INTIMATION ) BUT THE TENANT SAID  HE WILL VACATE  THE HOUSE   . HE NEED TO STAY IN MY HOUSE FOR THREE YEARS  . BUT I AM NOT WILLING TO CONTINUE  .  WHAT SHOULD I DO NOW 

 

 



 1 Replies

Subhasri Chatterjee   02 November 2020

Hello

The rental law in India empowers landlords to file an eviction suit against their tenants provided justified reasons and specific conditions. One of those conditions is that if you require the property for your own occupation or for any of your family members.

In this case, as the tenant is still not get ready to move out of the rented flat or house even after getting the court’s eviction notice, you should hire a rental property lawyer and file an eviction suit against the tenant in a civil court under whose jurisdiction your property comes in.

When the court listens to both sides and releases an ultimate eviction notice for the tenant, the tenant cannot overlook the order of the court and is bound to leave the tenanted premises. In order to get back your rented property, you need to satisfy the court that you require the premises for your own occupation and you don't occupy any other residential premises nearby. As the agreement of 11 months is about to end, if you do not renew the agreement and the tenant chooses to remain in the house, then that would be illegal occupation and you can legally claim your rights. 

Hope this answer helps you.

Best regards,

Subhasri Chatterjee

 

 


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