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kannan (s/w)     14 May 2008

tennant refusing to vacate

One of my tenants is refusing to vacate. He is in my house for past 6 year. No written agreement, only oral agreement. We had asking him to vacate for past two years as the house is needed for our own use.

Now he went to police and complaint that we are harassing him. Finally he gave in writing to police that he will vacate after 10months.

My question is can we get copy of letter for police station for our reference.

Will he bound to vacate legally within the time limit, or can he ask for any extension.

Any good lawyer in Chennai who can deal this matter.

 



Learning

 14 Replies

Manish Singh (Advocate)     14 May 2008

you better file an eviction suit before the rent controller's office or at the civil court citing reasons therof.

H. S. Thukral (Lawyer)     14 May 2008

An undertaking before the Police in this matter is meaningless. However Police should provide you a copy of the undertaking. Move an application under RTI Act Tenanct can be got evictedif the premises are bonafide required by the landlord. Onus to prove bonafide is on landlord. This provision of protection of tenant is under Rent Control laws. In civil law a residential lease without any specified period is on month to month basis and you can terminate the lease by giving a notice and then file a civil suit for taking possession of the premises.

kannan (s/w)     14 May 2008

can anyone suggest a lawyer for my case in chennai.?

kannan (s/w)     14 May 2008

some local politician suggest, they will vacate him, after asking the police to keep quite. Is that a good approach.?

AJIT KAWATKAR (Doctor)     15 May 2008

could you give "THE DRAFT" to vacate notice to the LEASEE please.

Manikyamba (Lecturer )     15 May 2008

I have a good suggestion with out going to lawyer, if interested mail me on manijagz@yahoo.co.in i have good suggetion to vacate your house with in 3 months

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 May 2008

On face of it your tanent is protected and you can not force him to vacate. It will be defficult for you to prove in the court that your requirements are genuine. Morever if the tanent is harrassed more he can file criminal cases against you. It is better you amicably solve the matter among yourselves.

Guest (n/a)     16 May 2008

Don't get afraid, file a eviction petition befor the Rent control Court through a lawyer. You will get good relief, do not approach any illegal methode.

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

I dont agree with Sheik Peer Advocate. The rent control authority is created to deal with the cases of say 1) service tenencies 2) Armed forces landlords and 3) lisensees. For lease liesense mostly the period is for one year and not more.Once a tanent remains as a tanent for more than one year he becomes regulalr protected tanent and only Civil Courts have juridiction. In such cases even if the Rent control Court passes any order , it is wiithout juidication and is liable to be set aside either by the revisinal authority or by the High Court.

H. S. Thukral (Lawyer)     18 May 2008

If you are seeking advice through this website on a problem which requires adjudication by courts then you must stick to knowing whether there is any legal remedy to evict a tenant or not.
The anwer is yes.
In layman language, every civil court has juridiction to try all kind of suits unless barred by another special Act. In most states, rent control act were enacted to give protection to small tenants. The applicablity of these statues is also defined in every enactment. There are also provisions giving rights to landlords to get the premises vacated in certain eventuality. Common among these statues is a right to get a tenant evicted in case of tenant who makes a wilful defaul in payment of rent and where the premises are required for bonafide need. There are also special provisions for retiring government employees, widows etc for speedy summarly disposal of cases. In case the rent control act is not applicable the tenancy is governed by transfer of property act and suit for possession will lie in civil court.
Consult a local lawyer dealing in such cases who will decide the course of action on your behalf and under your instructions.

Sajjan B G (Advocate)     20 May 2008

You have a remedy of eviction and for that purpose better approach an Advocate in your locality. He can give better remedy than this forum in your case. It is not advisable to money/muscles power, that may lead you into trouble. IT IS BETTER TO REDRESS YOUR PROBLEM THE WAY KNOWN TO LAW.

Guest (n/a)     17 June 2008

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.

SROTAS -Global Legal Services (LEGAL)     19 June 2008

You have to send legal notice for eviction. someone misguided you by telling that court proceedings are time consuming. it is not true. Now we can solve the problem very quickly. It depends upon the advocates. But firstly you have to issue notice. Mostly by seeing the notice, the tenant may vacate. The Court verdict is final. If you go for other means to vacate the tenant, it will be expensive and in final you have to come to court for relief. If you need any help feel free to contact Mr.Satish at 9900595252

Bobby Mani T (Lawyer)     15 April 2010

YOU have tofile a rent control Petition to evict your tenant, in the Rent Control Court.  For this you have to find a good lawyer who is practicing Civil Law in your area


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