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Naga   02 September 2017

Tenant refusing to vacate the house

My neighbour owns a house in chennai. They let out their house for rent to a real estate agent without any rental agreement 3 years ago. Since they were getting their rent regularly from him, they dint visit that house in between the 3 years, last year when my neighbour went there, he found out that the tenant has illegaly leased out that house to another family  for 4 lakhs claiming that he was the owner. Since the family came to know that they were cheated, they pleaded to my neighbour to allow them to stay here and they would pay the rent of Rs.10000 per month, my neighbour allowed them to continue in that house and they were paying the rent regularly. Since my neighbour dint recieve the rent for last month, he went there 2 days back to ask them to vacate after 6 months since the house was getting old and the building was in dilapidated condition.The family is now saying that they wont vacate the house unless they get the 4 lakhs they got cheated.  There is no written agreement between my neighbour and that tenant. Kindly let me know how should my neighbour proceed from hereon to evict them from the house.



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 5 Replies

Dr J C Vashista (Advocate)     02 September 2017

There are 2 neighbours in the statement made by you, initially a real estate agent inducted a tenant after taking 4 lakh.

Subsequently you have stated that the tenant took/occupied another neighbour's premises for 3 years and refused to vacate, is this the case or something else??

Either you are confusing your query or I am unable to follow, be clear.

In the first instance there is no valid written/oral rent agreement and the tenant has not been inducted by your neighbour, who has no authority/permission of landlord to continue occupation, despite the fact he has paid Rs. 4 lakh to real estate agent, who have cheated by impersonation, the tanant has to file a police complaint through a local lawyer.

Clarify the position of landlord and tenant in your query, nothing can be opinied by presumption.

Yudhish Padman S (Advocate (Madras High Court) 9566217446)     02 September 2017

Dear Naga, The proper legal recourse for your neighbour would be to file a "suit for eviction" against the tenant and sub-tenant under Sec.10(2)(i) [for wilful default in payment of rent] and Sec.10(2)(ii)(a) [for unauthorised sub-letting] of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960. Your neighbour did not receive any advance money from the sub-tenant and hence, your neighbour is not required to reimburse any advance money to the sub-tenant. Regards, yudhishpadman@gmail.com, Advocate, Chennai.

Naga   02 September 2017

Sorry SIr for the confusion.

My neigbour Mr.Arun who has let out his house on rent to the real estate X agent 3 yrs ago. The real estate agent X has illegally let out Arun's property to another family Y for a lease of 4 lakhs claiming that he is the owner. Arun came to know this last year and since the family Y was already in distress he allowed to stay in that house and they continued paying rent. Recently when Arun asked family Y to vacate after 6 months. Family Y is saying that we wont vacate unless we get 4 lakh from the real estate agent X. Arun hasnt entered into any agreement. Kindly give your suggestion on how to evict them.

Kumar Doab (FIN)     02 September 2017

The owner may try by involving local resources and evict tenant amicable (without any creating and scene and getting it recorded and recording all instances) and attempt to make the agent pay the money to tenant and get the premises vacated.

Kumar Doab (FIN)     02 September 2017

 

If you have already tried and all efforts have already failed, act as already suggested above by Dr. J.C.Vashista, Mr. Yudhish Padman S for evicting the tenant.

Approach a very able senior LOCAL counsel specializing in Civil matters and having successful track record for a considered opinion, help and to represent you.


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