priya (programmer analyst) 27 March 2010

Tenant issue

1) Tenant is not leaving and also using the free space of ours for his car dealing works in addition to garage.Even during my marriage and when we needed the house he didn't move.He was telling that he will move out by January but it is March and now he threatens that he has no idea to move atleast for 2 more years.

2) There is no lease/agreement.

3)Tenant has got stay against cutting electricity,water and garage.He is paying the rent in court after the case has been filed.

4)He is also demanding 10 lakhs to move out when we had a negotiation in the presence of our lawyers.We also came to know that he has demanded like this before to other landlords too.

5) He shouts and uses some bad terms whenever my father tries to ask him move out.Some of our neighbours have started complaining to us that he is using bad terms when he sees them.

we do not really know what we should do next.we are not sure how long the case will go.Can we give legal notice now and make him leave.Is that enough ? We would be very much grateful for the response.

Priya

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2 Replies

Kiran Kumar (Lawyer) 27 March 2010

well u ve not mentioned from which particular state u belong too, otherwise every state has its own rent law. and such rent laws do mention grounds for evicting a tenant.

in ur case Bonafide need or Personal necessity of the landlord is a fit ground for tenant's eviction.

since u ve also mentioned that he is creating nuisance in the area, u may raise this ground too if provided under the law applicable in your area, but this ground will be tough to prove unless and until u ve some direct and solid evidence.

visit some local lawyer and file an eviction petition as according to the rent laws applicable to the property in dispute.

bhagwat patil (Property due diligence 9422773303) 27 March 2010

in our socialistic structure of law system lot of protection is given to the possesser of the property.these r the idel situations of misuse of course of law. it will take years for eviction. and lot of physical and mental torcher.always keep the option of compro. open.it is not a time bound programme.keep mind cool, fight ,& at very fine morning compromise.