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sheel   25 August 2018

How to evict tenant in tamil nadu - owner is senior citizen

Hello,

My Father who is 67 is currently unwell & suffering Depression&other illness has a property in TamilNadu. Current Tenant has been there for over 7-8 years now. He uses the premises for running Lodge / Hotel.

Current Lease is registered has been signed for 11 months and he requested my father to sign another paper saying after expiry of 11 months he will sign lease for another 2 years.

From the past 1 year and half the tenant has not paid full rent each month, there has been 2 -3 months he has not paid rent at all and from past 5-6 months he has stopped paying full rent and only payes 60-70% rent.

As my father lives in another city and not a local in Tamil Nadu and all his children including myself live overseas. With His age and current health condition he wants this matter to be resolved ASAP. As this is one of the reason he has fallen ill and has constant fear of losing his property entirely. He has been a honest man his life and has always helped others even if it was for a social cause but now lacks the health to do the same for his own battle. I want to help him and can travel down but trips would be limited though.

I also know the tenant is motivated the but the property but has offered 1/4th the price of the market value.

Can someone please advise:

  1. 1. What would be the process of legally evicting the tenant?
  2. 2. Does the law system really work? If so the likely time frame worse case scenario?
  3. 3. Can the tenant bribe the system and extend the case so it becomes a never ending process?
  4. 4. Are Fast Track Courts in Tamil Nadu Efficient? 

 

Thank you again for your time and valuable feedback. 



Learning

 5 Replies

Dr J C Vashista (Advocate)     26 August 2018

Consult and engage a local prudent lawyer to issue legal (demand and vacation) notice followed by filing appropriate petition before competent court and proper guidance.

sheel   26 August 2018

Thank you JC Vashista. Before engaging a lawyer I would like to know if the process will work and the maximum time it could take?

Shanmugam .C   26 August 2018

Sir,

 

Nobody will say time for disposal of case.

First you should sent Notice by RPAD  to vacate the premises by fixing some / time date. Then you can move the Court if not responsesto your Notice.

C. Shanmugam

 

SOLOMON.RAJ (advocate/director)     26 August 2018

Hii sheel,
Firstly issue a legal notice mentioning the date of rental agreement and there by the non renewal ofagreement n other things.

Also mention the non payment of the contractual rents.

Mention the non payments of full rent specifying the months.

Issue a second notice for termination of the said rental agreement and there by seeking eviction.

The process for eviction would be to file a suit as per the civil procedure code.


Indian legal system is rooted deeply hence small timers like this will never be able to shake it. This should answer your query on points 2 to 4.

SOLOMON.RAJ (advocate/director)     26 August 2018

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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