Sumit Kumar Singh (NA) 13 September 2020

Tenant died

My tenant died a year ago leaving behind her 2 adult sons .As per the West Bengal Premises Tenancy Act, 1997 they shall remain tenant for 5 years from the date of death.The act also provides that after 5 years they shall be given preference to become tenant if they agree pay fair rent and enter into a fresh agreement.But I don’t want to let out that portion at all to anyone after the said period of 5 years and so the question of preference does not arise. Can I evict them on this ground or shall i have to prove reasonable requirement to the court?

Note: We have a tenancy agreement with the deceased

Reply Follow

Quick Summary

A landlord is seeking to understand their eviction rights after a tenant passed away a year ago. Under the West Bengal Premises Tenancy Act, 1997, the deceased tenant's sons have tenancy rights for five years and preference thereafter. The landlord wishes to avoid re-letting the property and wants to know if they can evict the sons on this basis or if they must prove reasonable requirement to the court.

4 Replies

Dr J C Vashista (Advocate) 14 September 2020

You are well aware qua legal position on the subject which you have already quoted in your post, what else do you intend to ask ?

Sumit Kumar Singh (NA) 14 September 2020

If reasonable requirement is required to be proved in this situation then i think that the ‘5 years provision and thereafter preference to the legal heirs’ is redundant and a flaw in the tenancy act because tenancy would become heritable .Reasonable requirement ground or other grounds of eviction as well claiming fair rent was already applicable when the tenant was alive and would similarly be applicable to her legal heirs as well.Then on the death of a residential tenant there would be no relief to the landlord in true sense.