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rajesh tamil (technical)     09 July 2011

Tamilnadu rent control act-new

Can any one provide the Rent control Act of Tamilnadu - New.

How we can face injunction request by a tenat, A tenant requested injuntion in court, but the judge not given,

The arguement will be there by this month. If a tenant didn't paid the rent for past 6 months & also not paid for utilities. But there is no paper agreement.

The tenant Also not vacating the house.



Learning

 3 Replies

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     09 July 2011

You will not get the relief of vacant possession by defending his injunction suit; you need to move the Rent Control Court. Please engage an advocate and take his advice.

rajesh tamil (technical)     11 July 2011

Dear Sir, thank you for your suggestion. I like to tell you the full story of what happend. am a NRI. My father rented a porion of the house. house.there is no Agreement papers verbal only. father told The portion will be for rented for 6 months only. after 6 months the tenant is not vacating & also for the past 6 months he didn't paid the rent. for january & february. the rent adjusted for 2 month advance money. for march he didn't paid the rent & also not paid for utilities for 6 months. On April he sent rental money thru Money order my father refused to get. (the tenant staying in the same building only) my father requested him to vacate. but the tenant put false case in police station against my father & brother in law & the introducer. but the police enquired & prooved that it's a false case. Later the tenant requested Injunction. but Judge not given. there is witness that he didn't paid the rent for 6 months. Is the land lord has rights to evict with in 2 months? if the house is required for my own use & starting a own business. but without loosing my NRI status. what's the Bonafide document is required?can the tenant contiue in the same as without paying rent for long time? can he also continue to stay by getting Vaida in court?

swarnam J Rajagopalan (Advocate)     13 July 2011

All the disputes regarding the tenancy is governed only by the T.N. Building and Rent Control Act and the City Tenants Protection Act. In your case if you have letted the building for rent then the former act alone will apply.  The suit filed by the tenant seeking injunction will not be maintainable.  You prefer a petition for eviction of the tenant before the rent controller, in case of chennai, its small causes court on the ground of willfull default committed by the Tenant in the payment of rent for the period of six months.  File an application under section 11 of the Act for deposit of rent along with the eviction petition.  The tenant will have no other recourse other than depositing the rentals to the courts account, or otherwise he will not be entitled to continue the case.  In all probabilities it will take atleast 6 months to 1 year for the proceedings to complete. Engage a lawyer and take his advice.


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