How to vacate tenant??
Querist :
Anonymous
(Querist) 20 September 2020
This query is : Resolved
Hello Sir,
We are the owner of a house.
We had given a property on rent 5 years back to tenant.
No rent agreement and we use to take rent in cash.
Now we have to change the tenant but the tenant is not vacating the house.
They are saying " Whatever the rent I will take from new tenant , they will give the same rent".
and our new tenants are relative we have to give the house for rent to them.
How to vacate the house?
IS IT POSSIBLE TO VACATE THE HOUSE USING MUSCLEPOWER?
OR
ONLY COURT CASE TO VACATE HOUSE IS POSSIBLE NOW?
Please guide..
Shilesh Patel
(Expert) 20 September 2020
Send them a notice to vacate the house giving them time to vacate and if they do not vacate then move to the court, you're not allowed to vacate the house with muscle power and take the law and order in your hands.
Querist :
Anonymous
(Querist) 21 September 2020
1) Sir, Can police help me in the present situation if I go to police?
2) How much time it takes for Eviction Suit case? months or years?
Kishor Mehta
(Expert) 21 September 2020
This is a civil matter and police can not interfere. You have to file an eviction suit in the court according to the prevailing rules in your State. Nobody can give you an estimate of the time taken for an eviction civil suit in a court of law.
Sudhir Kumar, Advocate
(Expert) 21 September 2020
Police has no mandate to help you to vacate property. However, when they are approached they find it a chance to fleece money and cannot compel tennant to vacate. So forget.
Using muscle power will be god sent opportunity for tennant as your landing in lockup will be great demoralization for you which will be his strength. So forget.
Now coming to the question of civil suit that appears the only potion of mediation fail. But you have to take it clear :-
1. A complaint will be made to in Income tax department by tenant that you are not paying tax on rental income.
2. complaint to the municiplaity can be there if you are not showing it as rented property to the house tax department.
The moment you issue notice you are admitting his occupation of property.
You have a chance to succeeded only if you are able to prove your clear title on the property and you have stated nothing in this regard.
You must meet a lawyer with available papers, if persuasion/mediation fails
Dr J C Vashista
(Expert) 21 September 2020
You need not put the question of "use of muscle power" on this platform, as the experts have no jurisdiction on the subject, seek consultancy of Dawood & company etc.
Dr J C Vashista
(Expert) 21 September 2020
Issue legal notice of 15 days for handing over peaceful vacant possession through a local prudent lawyer.
Seek professional guidance of same or some other lawyer for follow up legal action against the tenant.
adv. rajeev ( rajoo )
(Expert) 21 September 2020
Issue notice to the tenant to vacate the house on defaulter ground
A. A. JOSE
(Expert) 21 September 2020
If you are a law-abiding citizen, eviction suit is the legal remedy available to you, of course as a last resort after all other mediation or persuation efforts involving some respectable community leaders or eminent persons fails.
Please also NOTE that this is not forum to advise on Muscle power techniques or its intricacies.
Hemant Agarwal
(Expert) 21 September 2020
1. You can definitely use "Muscle Power" to vacate your illegally tenanted property PROVIDED you are willing to be Criminally Prosecuted and spend approx. 2-3 years in Prison wherein you would be entitled to FREE lodging & boarding.
2. LASTLY, aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Rajendra K Goyal
(Expert) 21 September 2020
You said:
IS IT POSSIBLE TO VACATE THE HOUSE USING MUSCLEPOWER?
Reply:
Not recommended, If you use muscle power, it would give opportunity to tenant for self-defense. Any attempt of muscle power from you may result in criminal case resulting litigation for years with no result.
You said:
OR ONLY COURT CASE TO VACATE HOUSE IS POSSIBLE NOW?
Reply:
You can have mutual agreement / understanding. Take help of impressive people of the society. If no agreement, proceed for court case.
Rajendra K Goyal
(Expert) 21 September 2020
You said:
1) Sir, Can police help me in the present situation if I go to police?
Reply:
It is civil case, police not supposed to intervene.
You said:
2) How much time it takes for Eviction Suit case? months or years?
Reply:
Depend on pending cases with the court. Generally, it may take 3-6 years or even more.
Rajendra K Goyal
(Expert) 21 September 2020
If he is ready to increase rent, have understanding with him. Enter into a rental agreement with definite terms and eviction procedure. Discuss with your lawyer.
P. Venu
(Expert) 27 September 2020
The tenant could be got vacated only through the due process of law, that too, on ground specified under the local rent laws. The posting suggests no such grounds.
Rajendra K Goyal
(Expert) 27 September 2020
Tenant can be vacated by process of law or by mutual agreement, no force method recommended.
