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tenant not going out

Good Afternoon,

My parents are in Kolkata & they are staying at own house 1st Floor. Ground floor is given to one family 2 years back. At that time, agreement was done for 1 year. Then by mistake my parents didnot renew the paper work & allowed them to stay. As a result of this we are facing big issue now. My Dad need to use ground floor due to some health issue. he is repeatedly telling the tanents to vacate the floor. But they are not paying any importance & started avoiding this matter by any means.

We are telling them since December 2012 but still no response from their side & day by day they are also not paying any attention & behaving casually whenever we ask them to vacate the house. everytime we give them 3 months time.

My parents did a mistake by not making further agreement papers. But now we are in big trouble as dad can not stay in 1st floor as using stair case is not good for him.

Please advice.

Thanks in advance


Practicing Advocate

Issue a legal notice to the tenant through a local advocate directing him to vacate the house . If he still does not vacate then, file in the court for eviction.


Many Thanks Archana Madam,

Want to ask few more question on this. Do u think Legal notice/ eviction File will be enough for them.?

Also could you please suggest if opponent party also can do some legal action against us. Actually I just want to ensure that thay should not use any legal gap to extend this matter. As I am staying outside Bengal. My Dad is not capable of carry on all this legal activities.


Many thanks in advance for your help.


Just asking will not suffice for a tenant to be evicted. you file a petition before the rent control court through a local advocate.

Total likes : 1 times


Thanks a lot BobbySir..

One has suggested to offer them 6 month contract/ Agreement where it will be written to vacate the house after 6 months. Will it be good or we should directly go ahead as per your advice.?

Thanks in advance.!




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