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arunkumar (Executive)     20 November 2009

Vacate an adamant / ill behaved tenant - Tamil Nadu


A tenant is staying in my house for past 6 years. He had not kept the house clean and always giving the rent after 25th of every month. So we ve been asking him to vacate him for nearly 2 years and he keeps on delaying it.

For the past 3 months he had not given the rent and not resonding properly while asked to vacate. 

Can I file a criminal case against him of staying in my house without giving any rent. 

Also if I go to the court, how long it will take for the proceedings to get complete - Hope I can refer that he is not behaving properly by citing that he had not given our rent for 3 months and make this itself as the reason for vacating him. 

It seems he called the local police station through his political powers and thus the reason he is not responding us properly. 

Please help me.


 9 Replies

Sanjeev Kuchhal (Publishers)     20 November 2009

Criminal case will not maintainable.

You have to proceed as per the provisions of Rent Act by following the procedure of giving notice etc and then file a suit for possession on the ground of arrears of rent and you can also include a ground of nuisance.

1 Like

kumanan (n/a)     21 November 2009


it is a fit case for filing eviction on the ground of wilful default under the provisions of the Tamilnadu Buildings (Lease and Rent Control) Act. Kindly consult an advocate nearby and send a legal notice to ur tenant and it will be the starting of legal process. though it may take sometime but certainly you wil get the relief much wanted. all the very best. 

1 Like

arunkumar (Executive)     21 November 2009

Thank you very much to both of the answers.

Advocate. Arunagiri (Advocate High Court Madras.)     03 February 2011

You can file a eviction petition before the court.

1 Like

subodhkumar (proprietor)     13 December 2011

mr.arunkumar can you find out the activity your tenant is doing for living if you can then post it i shall try to give you some other way also by applying rti act and getting his legal informations this will help you sort out the matter earlier  

rajesh tamil (technical)     08 January 2012


     My name raja. am an NRI. am having my only one own house in coimbatore. there I gave power to my father for rentals. my father collects rent & using for his daily needs, he's 77 years & mother also.17 month before a lawyer taken the partioned room + 2 rooms as tenant. the front room is leaking while raining. my father told him verbally the roff are not good in we planned to demolish & start building in the month of february so i can give you only for 6 months. the lawyer also agreed & take possesion, but after 6 months he's not vacating & on request he complained in police station against my parents. he kepts very old news pares in the partioned room & creating hazard to the other tenants. In April 2011 before I also visited & requested him,but he refused & also false complaint against me in police station. Now he sent injection order legally what's the solution? for this please help me.


 For the past 10 months he didn’t paid the rent & also for utilities which he & his family using.


rajesh tamil (technical)     08 January 2012

Dear Sirs,

Will a BAR council take action against an advocate tenat  who's not paying rent & not paying for utilities?

his activities are spoiling the good name of other lawyers.

kumanan (n/a)     08 January 2012

Dear Mr.Raja,

You have to seek the judicial remedy under the provisions of the Tamilnadu Buildings (Lease and Rent Control) Act. Under the law every one is one and the same, it also applies to advocates. therefore you can approach an advocate for getting back your possession and also the arrears of rent.

With regard to your second query BAR Council will take action against the advocates who commits professional misconduct only.  therefore the advocate who has committed dafault in payment of rents and utilities will not come under the purview of professional misconduct. you have to seek legal remedy through the court of law under the available acts and rules.



subodhkumar (proprietor)     09 January 2012


you write a detailed letter to the high court judge at your place and write all the facts and request him for better advice to the lawyer as he is the person who knows law in good sense and he himself cannot abuse and be the cause of problem to others just for the advantage of being lawyer he can use law to twist the facts to his better with the help of all his known people at all the levels of judiciary and other offices,

you can send the copies to chief justice of india and copies to the president of bar association

you can contact on

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