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HomeOwner (Officer)     11 September 2014

Tenant refusing to vacate house of senior citizen

Hello, 

Here is the details of the problem that I am facing. 

  1. I am a 75 year old person. I live with my wife who is 65 years old. We live in a house that is registered under my wife's name. I have another house that is registered under my name, in the same city. 
  2. The second house - the one registered under my name - is rented out on lease. The lease was originally done for 11 months. On expiry of the first agreement the agreement was renewed for another 11 months. The agreement is due to expire in 2 months. 
  3. The current agreement is done on a registry paper and notarized. It is not registered with the court. 
  4. The tenant has not been paying his society dues for the last 11 months. These are not the rent. These are the charges of the group housing society. As per the agreement, he is supposed to pay them but he has not paid for the last 11 months. 
  5. Till now, his rent is paid in time. These are post dated cheques and they are getting honored. The rent is more than 20K per month.  
  6. I am not happy with him and I want to evict him, because he has been misbehaving with me. He has not let me in my house for any inspection for the last two years. Also the fact that his unpaid dues with society is over 10K which he has not paid inspite of multiple verbal reminders on phone. Now he is not also picking up his phone. 
  7. My son, who used to work in a different city is now coming back to our city. I want to evict this tenant and allow my son and wife to stay in this house. However, now the tenant is flatly refusing to vacate or give any due date for vacating the premises. I am apprehensive that he has no intention of leaving even after 2 months when his lease term ends. 
  8. Under current conditions what is my best course of action? 

Thanks for any help. 



Learning

 5 Replies

Kishor Hajare (Advocate)     12 September 2014

Sir,

Is there earlier determination of Agreement  clause in  your Agreement?

You are entitle to evict the tenant by advancing notice thereof to him. In case, the tenant does not evict, then you have to opt for legal proceedings. You can file suit for eviction as well as trespass, but before that, you have to send him a legal notice warning thereunder to evict the premises. You can also approach to the concern Police station requesting them to clear the encroachment and trespass of the tenant.

 

Regards

Adv.Kishor Hajare

9930647734 

1 Like

HomeOwner (Officer)     13 September 2014

Hi, 

Yes, there is an early termination clause. This is the standard lease agreement that is generally used in Delhi. 

However, I have never needed to do more than tell people to leave. Now I dont know how to send the first notice. Does the very first written notice need to go from lawyer. I know I need a lawyer if I get into court. However, should I not be able to send the first notice by myself? Is a notice sent by me not considered legal? 

Thanks for any help. 

Hardeep (Business)     02 October 2014

You can certainly send him a notice yourself. Collect all the facts and ask for eviction by a certain date . You need not specify any reason except family use at this stage. If no result then use a lawyer for further proceedings.

HomeOwner (Officer)     01 December 2014

Hi, 

I have now done the following. 

1. Given a notice personally (using post) to terminate the lease. Got no response. 

2. Waited one month. 

3. Given a notice from a lawyer. Got no response. 

4. Waited another month. 

 

Now the original lease duration has finished. The leasee is neither responding, nor moving out, nor paying. I am a old person and have no other way of income. I am being told that the court case might take one / two years. 

Is there a way I can force the tenant to pay rent while the eviction case is going on? 

Please help. 

Thanks. 

1 Like

Kumar   16 September 2018

sad @houseowner.. did you managed to vacate the tenant?


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