Upgrad LLM

tenants not vacating house


My paternal uncle left a house in one of the city in Punjab under my and my brother's name. 2 years back, he had prepared the WILL which was registered under local court. After his death last year, as the benficiary, we executed his will without any legal objection.

A tenant is living in this house on the first floor since last 10-11 years with rent of just 1000 Rs. month. Ground floor of this house is locked by us after death of my uncle. There was no rent agreement was done between my late uncle and tenant.

We have asked this tenant to vacate the house but he refused to do that and now he is not paying the rent since last few months. We also offered him few thousand Rs. to vacate the house but he is demanding for another house in some different locality.

Is there any legal eviction procedure to vacate the house ? Please help me

 
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Practicing Advocate

Every state has its own rent laws that provide for grounds and remedy for eviction of a tenant. Contact a good local lawyer and give a legal notice to the tenant for recovering back the possession for non payment of rent. 

 
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Thanks for replying, Since we wish to vacate the house, what will happen in case tenant pay the balance amount of rent, Is there any further leagal action can be taken ?

regards

 
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Advocate

Hello,

Every state is having its own rent control laws and it provides various ground for evicting miscreant tenants.  Please contact an expert advocate on this field in your state who may guide you proeprly.

Vinoba.L

Advocate

 
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Advocate

Hello,

Since you have said that the tenant is paying rent at the rate of Rs. 1000/- per month for the past around 10 -11 years, it would just and proper for you to file appropriate proceedings for fixation of fair rent for all these years which would automatically drive the tenant out of your premises.

Vinoba. L

Advocate

 
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POWER OF DEFENSE IS IMMENSE

Irrespective of opinions of other friends every state rent act provides for misniscule increase and that too not from restopective effect. It will be applicable only after you demand.

Regarding non payment of rent first you have to prove that rent is not paid thereafter also courts grants as a rule time to pay due rent.

The rent acts are in favor of tanents and not for landlords.

 
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It's a well known fact that most of the tenants are covered under Rent Control Act of that state. These tenants have paid goodwill (Pagdi) in cash at the prevailing rates to the land lords at the then prevailing rates and no recepts are issued for the same. It is therefore unjust to ask the tenants to vacate the premises which they have been using for years. If you wish to sell you may sell the property if money is the only cause of dispute.

 
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Lawyer

you can get the fair rent fixed at a rate equal to rent of a similar building in the similar locality.  You may refer to kerala High court cases. Edger ferus v. Abraham Ittycheria, Abooker v. Vasu, and Lakshmi v. Labbah Kunju Ameer (2005 (3) KLT 627)

 
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Lawyer

The rent Acts are not in favour of Tenants or landlords threre are provisions which are in favour of landlords and some in favour of tenants.  Refer to Karnataka Rent Control Act 2001


Total likes : 1 times

 
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POWER OF DEFENSE IS IMMENSE

Irrespective of your opinion Bobby Mani sir, you have given valuable contribution by refering the Keral HC citation. Please attach it as a file for guidance of all.

 
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