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abhilash (S/w Engineer)     26 February 2010

vacating tenant


     I' ve given a rented house for more than 8 years and unfortunately we didn't make any agreement with the tenants. Now we want them to vacate, since we want to demolish the building. If they resist to do so, is there any means to vacate them




 2 Replies

Suchitra. S (Advocate)     26 February 2010

Send them legal notice. If they do not vacate, then file a suit for possession or eviction under Rent Control Act.

rajkumar.vnm.marupeddi (advocate)     26 February 2010

You did not specify what is the quantum of rent and which state laws are applicable to tenanted property. In case, if the teananted premises is governed by Transfer of Property Act, first of all, a Quit Notice shall be issued to the tenant, terminating the tenancy, giving 15 days or more time to vacate and deliver the tenanted premises. If it is governed by Rent Control Act, issue a  notice, intimating the grounds of requirement of tenanted premises. like, bonafide requirement for the personal occupation, willful default, acts of waste, change of user, Sub lease etc., and then file a Eviction Petition against the Tenant  before Rent Controller. Further, more, there must be a legal provision in state or central Acts  that  if the tenanted building premises is aged 100 years or more, you can approach Municipal Corporation for the demolishing the said old building on the ground that the existance of the  same is likely to cause danger to lives of  public or thier property.

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