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Reena (finance manager)     21 March 2017

Reply to eviction notice

Dear All,

My parents have been residing at this rented house for more than 50+ years without any license / lease agreement. This property is a wakf property (very influential party) measuring about 1800 sft and is in a prominent locality in Bangalore, KA.

The owner has sent us an eviction notice stating that we have not paid rent for the last three months and have asked us to vacate the premises within 2 months.   Whereas, we have paid rent for the said period, but they have refused to give us receipt.   We have never defaulted on rent payment and have saved copies of rent receipts for the last 20 years atleast. 

Their notice states us to quit, vacate and handover over the property with this reference (within the meaning of section 2(e) (v) of the Karnataka Public Premises.  They have plans to construct a commercial mall in this place.

The present monthly rent paid by us is Rs 3,000.  The notice also says that beyond the stipulated 2 months, we will be liable to pay Rs 30,000 p.m for unauthorized use of property.

Request you all to kindly give us legal opinion on

What should we do to reply to this notice?

What is the generally the process to evict a long residing tenant?

If we file a case, how many years will the court proceeding take?

Thanks

Reena



Learning

 3 Replies


(Guest)

I suggest, it is better to vacate now when you have chance to vacate in respectable way, or else when police come at your door and throw out all the things, then it wont look good.  You wont even have time to hire auto or lorry to transport things.  Find a alternative or else you will be forced out of the house not to remind you that you will have to pay new rent of 30k per month with interest.

You need to contact advocate locally and discuss this in private with a advocate who deals with rent control issues.  

If you appreciate my reply kindly click on the like button here or on my profile page by visiting it, whose link is given below amd convey Thanks !

https://www.lawyersclubindia.com/profile.asp?member_id=84464


(Guest)
Originally posted by : Reena
Dear All,

My parents have been residing at this rented house for more than 50+ years without any license / lease agreement. This property is a wakf property (very influential party) measuring about 1800 sft and is in a prominent locality in Bangalore, KA.

The owner has sent us an eviction notice stating that we have not paid rent for the last three months and have asked us to vacate the premises within 2 months.   Whereas, we have paid rent for the said period, but they have refused to give us receipt.   We have never defaulted on rent payment and have saved copies of rent receipts for the last 20 years atleast. 

Their notice states us to quit, vacate and handover over the property with this reference (within the meaning of section 2(e) (v) of the Karnataka Public Premises.  They have plans to construct a commercial mall in this place.

The present monthly rent paid by us is Rs 3,000.  The notice also says that beyond the stipulated 2 months, we will be liable to pay Rs 30,000 p.m for unauthorized use of property.

Request you all to kindly give us legal opinion on

What should we do to reply to this notice?

What is the generally the process to evict a long residing tenant?

If we file a case, how many years will the court proceeding take?

Thanks

Reena

 

Reena,

I suggest, it is better to vacate now when you have chance to vacate in respectable way, or else when police come at your door and throw out all the things, then it wont look good.  You wont even have time to hire auto or lorry to transport things.  Find a alternative or else you will be forced out of the house not to remind you that you will have to pay new rent of 30k per month with interest. You need to contact advocate locally and discuss this in private with a advocate who deals with rent control issues.   If you appreciate my reply kindly click on the like button here or on my profile page by visiting it, whose link is given below amd convey Thanks ! https://www.lawyersclubindia.com/profile.asp?member_id=84464
 

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