Eviction of tenant

Querist : Anonymous (Querist) 02 November 2009 This query is : Resolved
I am had a problem with my tenant who threatened me and abused my daughter over parking space. I asked him to vacate but refused. My daughter filed a police complaint and he was booked under Harassment of Women act and remanded and now on bail. He and his wife and kid are staying elsewhere but have not handed over the keys and their furniture is inside. He has not paid any rent for 5 mths and his deposit money is exhausted. His wife a doctor has filed a complaint to the SC- ST comission and humn rights commission against myself and my daughter for which inquiry is in progress.
How do i evict this tenant and get back my property? How long will it take?

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Sachin Bhatia (Expert) 02 November 2009
First you must officially terminate the tenancy. In most states this means giving the tenants written notice of lease termination. This notice may contain such things as a request for the last month of payment, payment for repairs, late payment, cure of a specific problem, etc. If the tenant does nothing to remedy the given problem as it was outlined in the termination notice, the landlord can file a lawsuit to evict the tenant.

Kiran Kumar (Expert) 02 November 2009
in addition to what Sachin ji advised...i ve few words to say.

if there is an Urban Rent Controll Act applicable in your area then you can move under that act as well.

Non-Payment of rent, Unused property can be grounds for eviction.

however if possible try to find out some personal necessasity of the said portion, personal necessasity is the best ground for eviction.

and as far as other proceedings are concerned and the conduct of tenant is concerned, it will rather favour you only provided the facts are used properly.

so pls visit some local lawyer to find out the law applicable in your area.

Raj Kumar Makkad (Expert) 02 November 2009
I agree with the advice of Kiran.

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