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Anand Christopher (HR Executive)     17 June 2008

Tenant refusing to vacate - Bangalore

My father owns property (three houses, all in one site) in Bangalore. We live in one house and have rented out the other two houses. My father has three children, all of whom are now married, and he wishes to gift one house to each of his children.

We approached both our tenants to vacate as we require the houses for personal use. However, one of my tenants is refusing to vacate. He has been living here for the past 10 years. One mistake we made here, in my opinion, is that there is no written agreement that we asked them to sign. In the recent past, we wanted him to sign an agreement, but he kept putting it off saying he will be leaving shortly. It has now been well over two years, and he is still refusing to vacate!!

We are hesitant to approach lawyers as many people tell us it will take a really long time (maybe a few years!!) if we go thro' the legal route. We approached the police who say they can help only if there is a court order.

I request people who visit this forum to help me with this problem. What should I do to ensure we evict these people from our property? We need the houses for our personal use. Please note that we live in Bangalore.

Please feel free to email me - anand_jc@hotmail.com or call me on 97406 33577 / 22220723. Your help here would be much appreciated.



Learning

 8 Replies


(Guest)

Dear Anand,


    


If it’s for personal use, then they have supposed to vacate, this is civil nature so you can’t approach police now. You have to get eviction order from the court  to vacate your tenants. First request your tenants to vacate try to solve peacefully. If they still refuse to vacate, consult your advocate.eviction won’t take number of years; eviction will be settle in short span if its for personal use.


 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 June 2008

Please note that once  you have given your premises on rent your rights to get it back are limited under law.


A TANENT IS ALWAYS A TANENT,


You have to prove before the court that your needs are superior to that of your tanent , otherewise you have right only for rent.


If your tanent is doing some illegal things  or  made permanent alterations or kept sub tanents you can get relief.


If you go for other methods than legal than you can face problems which may be more serious than you can think of them now.


Be reasonable and look for the himan side. Law is nothing but normal common sense.

ASHUTOSH (lawyer)     18 June 2008

dear anand

you can file a suit for eviction under the rent control act and got the eviction order from court

ashutosh(adv)

SROTAS -Global Legal Services (LEGAL)     19 June 2008

you have to serve a legal notice to the tenant to vacate the premises within 15 days from the date of receipt of the notice. Then if he fails to react with the notice, then you have to file RCOP before small causes court at Bangalore for eviction. If you need any further clarification please feel free to contact Mr. Satish, Advocate Bangalore in his mobile number 9900595252.

Kiran Kumar (Lawyer)     19 June 2008

hello friend,

u need not to worry.....almost every state is having a Rent Restriction Law which covers eviction matters also.

since u need the premises for personal use, your case will be decided on priority basis moreover u dont need to adduce any special evidence except to submit your necessasity properly.

dont panic and feel free to contact some local lawyer working on the civil side.....rest assured u ll get the premises vacated.

tenant remains a tenant he can not grab your property but do take the legal action immediately.....and also keep it simple need not to involve in criminal cases.
1 Like

K.C.Suresh (Advocate)     20 June 2008

Dear friend, You have to abide the law prevailing in the Country whethet it takes years for a successful completion. How ever you need not worry about the absence of an agreement. Rent Control Act provides certain grounds. The most power ful ground for eviction of a tenet is "own occupation". You can approach a Lawyer for your releif with out much wasting your time further. Police is helpless in this matter as it is a civil dispute. Adv.SureshK.C, Legal Adviser (rtd), VACB & Special PP to Kerala State

Hussain (Other)     28 December 2013

Hi, I would like to know what do I do to vacate our tenant.
The property belongs to my mother, and the the shop is rented from past 9 years to the
same tenant. The agreement is not renewed. We stay in first floor.
We had no problem with the tenant until last two years. Since last two years the tenant
started to close the shop in night after 11PM, before they use to close around 10:30PM
and the actual problem is the noise and the vibration.
When they move the material in the shop which makes lot of noise and we can feel the
vibration in first floor.
When I asked them to not to make noise, they said its not them, but clearly, its them who
makes the noise because there wont be any noise once they close the shop.
People who know the tenant say they are kind of people with whom we should not mess
with.
Please advice on how we can make them to vacate.

tradesinc (owner)     10 November 2017

If you have trouble makers as tenants are in real trouble your life is ruined as there is 0 ptoyrcyion for the landlord in India judiciary people are struggling for 30 years with 0 results and 0 progress the tenant is fully protected by law and can can enjoy the property without paying any rent its his right Indian law . I learn t this the hard way after many years in courts the orders can be set aside in just 1 sheet of paper please never give more than 3-6 months lease agreement..

u will end up spending more than the rent and spend weeks months years decades  in courts

 

https://drive.google.com/open?id=0B--Jc2ljka1oM3lYTFNqNmo4Smc

 

 

https://drive.google.com/open?id=0B--Jc2ljka1oMzM5M0hRcElZTzQ


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