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chander sahay (j)     23 March 2016

Tenant not evicting

Dear all, I need some advice regarding tenant eviction. Six years ago we gave our two room portion to a family. There is a lady, her son and a daughter. Her husband is working in Gulf country. They have their own house in some other city. The family resided for a year or two then they shifted to some other place. Then again in early 2014 they came back asking for room. At that time we were not agreeing as they delay the rent and electricity expenses every month when they resided earlier, but after long discussions we given them one room portion which was available that time. Unfortunately my father died in June 2014. Our property is under a mortgage and also we have a car loan to pay, and we have no other income else rental income. After even knowing our hardship the tenant was not paying rent on time every month. Now we had already told them to evict in month of October but to no avail. We had not made any contract or agreement with them and even tenant verification was not done as that time was very hard for us we didn't realised this mistake. Now many people in our neighbour hood along with our local MC had requested the lady to evict but to no avail. The lady's previous land lord too had locked her room several times for non payment of rent. Now I want to know what course we can take. 1. What is the legal process? Its cost and time? 2. Can we just throw them out? Local MC and neighbours are willing for this step. They are ready to make an application and approach local police. 3. Or can we cut off their electricity and water? Please help me and guide accordingly.


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 7 Replies

james bhatti (Advocate)     24 March 2016

You can not throw them out. They can be suied and evicted in a legal way. The landlord can not evict the tenant forcibly rather should adopt due course of Law. File an application for Eviction on the grounds 1. Personal use, starting a business or for living in. 2. For non-payment of arrears of rent.

Adv Shrikiran.B (Advocate)     24 March 2016

Chander,

First of all, issue a legal notice to the tenants demanding them to vacate the property and wait for the mandatory notice period to complete. If the tenants don't vacate the portion even after completion of the mandatory notice period, file a suit for eviction on the grounds mentioned above by James Sir. All the best.

Regards,

Advocate B.Srikiran

+919618069453

 

 

 

Rahul Kapoor (Legal Enthusiast)     24 March 2016

Dear Chander,

What was the agreed rate of rent ?

Rate of rent is important because it will decide whether tenancy would be govern by Rent Control Act of Transfer of Property Act.

Regards

kapoor.legal@gmail.com

Kishor Mehta (CEO)     24 March 2016

Sir,

No tenant can be thrown out physically, even if he/she is not paying the rent regularly, it will be illegal and may precipitate criminal procedure. You have to take recourse to the applicable Rent Act. Every State has its own Rent Act, the premises are situated in which State?

The vital and decisive facts are: whether any rent receipt was issued?, how was the rent collected, with cheque or in cash? 

To try and offer valid advice without knowing the above will be a fruitless excercise. 

Good Luck,

Kishor Mehta

chander sahay (j)     24 March 2016

Rent for first year was 2700, then in second year it increased to 3000. It was to be increased in last august but they didn't increased. And we collect rent and electricity charges by cash. We had given hand written slips of rent for few months only. Last one was issued on 24 Feb 2016. Every receipt mentioned the rent for month and electricity charges. They never paid on time and every month they have some due balance. Now also they have outstanding balance of 6500 re. The property is situated in District Mohali (punjab).

chander sahay (j)     24 March 2016

Also please inform me how much it costs for legal process.(Advocate fee And other expenses). And the time period for the case to be over?

KS Johal   25 March 2016

Follow the advice of James Sir as mentioned above.

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