Vaishali Patil (IT) 19 July 2011

Tenant not vacating house

Hi Sir,

I am staying in Nagpur, Actually my tenant staying on rent since 25 yr. however we do not have any agreement with them. But tenant forcefully asking for rent sleep and paying only 400 RS. We have often asked them to vacate home. But still they are not moving out. Now the condition is like our home is leak in raining season and about to collapse, so we have finally decided to go to corporation and ask them to demolish the home. I just want to know what is the legal thing which we need to take care while going to corporation or is there any way... Please help me out.

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8 Replies

Bharatkumar (ADVOCATE ) 19 July 2011

First, U give a Notice them, then file a suit for possession.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 19 July 2011

Defficult to get possession from old tenant.

Dr. Imran Ahmad, MOZA (Chief of Jurists (Suprime Court of Khuda Rabbul Izzat London)) 19 July 2011

"I am staying in Nagpur"..................

I hope you have property papers with you saying it belongs to you. Then work is very simple.

Regards.

E.Mahesh Chary (Advocate) 20 July 2011

First, U give a Notice to your tenent, stating that we are constructing the house. So please vacate our house within 15 days if he agrees for that no problem, if he gives a reply for that notice then file a civil suit for possession.

Note: If the property is in your name then no problem with any tenant, if he is staying since 25 years also

Regards

MAHESH CHARY

ADVOCATE

Dharmendra Kumar (CEO- Marketing & Sales Promotion) 20 July 2011

I totally agree with Mr. E. Mahesh Chary....... If Property is in your name legally which can be proved by documenatry evidence. Then no issue is there..... Might it takes some time but lastly decision will be in your favour.

Give him a notice but it should not be 15 days.... at least give him notice of one month.

On filing suit, please mind court can give him stay order for few months. On that duration he might pay rent to you or court.

Overall he has to vacant if document is in your favour.