Curious Sam (Self) 03 June 2012

Evicting a tenant in delhi

I have a tenant staying in my rental property in Delhi and we have a lease agreement. That lease agreement will expire soon. The tenant may ask for an extension to stay in the house. I need the house. If that happens, I just want to be prepared, and I do not want to extend the lease, how easy is it to evict a tennat in Delhi? Does it take months/years? Does it help that the electricity connection is in my name?

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 03 June 2012

Dear Querist,

1. Presuming Rent to be above Rs.3,500/- p.m

2. If you don't extend then he would become a tenant (month to month tenancy) which can be terminated by a 15 days notice given to him.

3. If he fails to comply - then you'd have to file a suit for eviction, which in all probability should get disposed off in about a year (you get mesne profits/rental income of the time he stays in property after terimination)

Good Luck !

Bharat Chugh

Advocate(Delhi)

N.K.Assumi (Advocate) 03 June 2012

I appreciate Bharat's View.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 03 June 2012

Things are not that easy for landlords.

1) first the lease agreement have to be legal. There are so many loopholes.

2) Many advocates miss on notice since they do not study properly the requirements of issuing notice.Most of rent acts inlcuding that of Delhi require notice as per TP ACT.

3) There after the tenant will contest in before all the forums where ever you will file case against him / her since alternate accomadation is not easy.

take care the law has two sides not one.