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tenant died: how to evict son


My tenant died a year ago leaving behind her 2 adult sons. 
I don't want to make any fresh agreement with the sons of the deceased once the 5 year period is over. So how can I evict them?
 

 
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Lawyer

Issue legal notice to handover peaceful vacant possession of demised property followed by filing a suit for eviction before the jurisdictional / competent court (which may Rent Controller or Civil Judge) through a local prudent lawyer 

 
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senior

By virtue of death of the tenant the agreement is no more valid. you have to enter fresh agreement with the sons. If you dont want to enter agreement issue notice asking them to vacate within 2 or 3 months.

 
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This is the main drawback for you .if you or they approach court it takes decades to evict them from premises.so issue legalnotice to them also compromise with them to evict.,with mediators.

 
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Hi

A rent agreement is a contract between a landlord and a Tenant. This document is very important as it contains the terms and conditions for the lease of a property. It must contain how the leased property is to be used, the tenure and the rent to be paid per month.  It is advisable that the eviction clause should be present in the rent agreement to avoid any kind of dispute at a later stage. 

Now coming to your query: I am presuming that your contract with your landlord also had these basic terms and conditions. You can always quote these violations of contract in the court and make them a ground for eviction.    

Legally speaking: There are just two ways of eviction

1. Once your lease agreement gets over

2. When the landlord terminates the lease by sending a legal notice under section 106 of the Transfer of Property Act.

In both the cases, if the tenant does not vacate, the landlord have to file a suit for eviction in the district court and get an order.

Hope this solves your query. 

Regards

Saguna 

 
 

 


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Advocate

The eviction could only possible through due process of law based on grounds provided in the locally prevalent rent laws. 

 
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