Eviction of tenant
Kaushik K
(Querist) 21 September 2010
This query is : Resolved
We have a house rented at chennai some 7-8 years back, and now we need the house for our personal purpose but the tenant is not vacating the house since the rent is very low 3k in good locality.
The house is in the name of my mother and she is retired recently from Govt job. And my father died in 1993, and we have no other house also. It is our only house
We are dependant on the house for further stay but the tenant is not vacating.
Could you let me know the best possible legal way to vacate the tenant in short period?
Please help us with your inputs
Amita Chaudhary
(Expert) 21 September 2010
sorry my friend there is no short in such cases.. you have to file a suit for eviction..you can keep insisting for short dates before the court as since retired must be 62 years of age and therefore, senior citizen otherwise.. you can get it vacted as now on account of number of ruling of SC are in favour of landlord..well you rent agreemnt was for how much time and when was it last renewed.. give them a legal notice brnging to there notice that the tenancy stands revoked and they would be laible to pay the rent at market rent.. well see does your rent agreemnt provide for nay enhanced rate for unauthrized occupation.. consult a good lawyer and immediately serve them notice no point talking to such tenants.. the longer u delay the longer it would take..
Devajyoti Barman
(Expert) 21 September 2010
Yes I am afraid too that there is no short time to get the justice. If your mother need the suit property for reasonable requirement then the tenant will have to vacate the same for which your mother will have to file suit for eviction against the sad tenant in a competent court of law and given the facts of this case I think there is strong possibility to go the verdict in our favour.
manoj r. dubey
(Expert) 21 September 2010
whether the agreement entered is registered or not. if registered u can file a suit for eviction. it is necessary the agreement to be registered
H. S. Thukral
(Expert) 21 September 2010
In some rent control legislations ( It is a state subject) there are summary trials for eviction. In Delhi Rent Control Act there is special provision for eviction in case of bonafide need and also for widows. You check up Tamil Nadu Act for similar provisions. It is very speedy and tenant is burdened with responsibility to show that the requirement is not bonafide by way of showing that alternate accommodation is available to the landlord.
Kaushik K
(Querist) 22 September 2010
Hi All,
Thanks for your replies.
Btw, we didnt have any agreement at that time. And that is our only house. Bt i heard these kind of scenario cases will end in six months of time as we need the house for personal occupation.
And my father is a ex-service men. Is there any provosion for this in the proceedings?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 September 2010
Unless you can prove before the court or tribunal that your requirement for the premises is more needed than the tanent there is no hope whatever any body can suggest.
Yes if the tanent does not pay rent or keeps sub tanents than only eviction possible.
Not giving rent reciepts is criminal offense.
Kaushik K
(Querist) 22 September 2010
Hi Sir,
We have below on him:
There is a FIR on him (Filed by the Neighbour)
Renting space for Car parking to others without our consent
Creating nuisance to neighbours
House not maintained properly.
And neighbours have supported us and they are against him as he creates lot of nuisances to them.
