Eviction of tenant
shaikh
(Querist) 19 February 2015
This query is : Resolved
i Experts,
I have several queries with ragards to my tenant..I have rented my Flat in New Mumbai to a tenant from last 4 years on 11 months leave & License renewing every year.From last year the tenant is not paying rent and is also not vacating ?? The last agreement expired in August 2014 . He took some excuse and said he need to renew for another 4 months . This time we told him to register the agreement but he is adamant on not registering and he has not even signed the agreement . My previous agreements were not registered .. Please confirm what are the steps i could take that he evicts this time..Pease note i am out of India , hence not able to presurrize him . I have given Power of attorney to one of my relative.
Please advise
1. Can we take legal course if he is not signing the leave and license agreement.
2. Whenever we visit him he says he is out of town and does not come to talk , just his family is present in the flat most of the time.
3. There is a co-operative society in the building . How can the society help?
4. He always says do whatever you want to ?
5. Will he still be considered a tenant if he has not signed the agreement . Can we file a criminal case against him.
6. what are the quick steps to get him out and at the same time make him compensate for harassment and mental agony.
7. Can i still say i want the flat for me but i am working abroad.
8. How can we safeguard us in legal case since i heard that registering the document is landlors responsibility but this person does not want to sign or come for registeration.
9. How long the case take to evict him finally.
10 Can we get an Ex PARTE order to vacate him immediately.
10.can you suggest any good and experience/honesh lawyer in New Mumbai.
I want to take proper steps so that i do not want to get into legal hassles..
Thanks and appreciate your advice
Shaikh
Adv. Sagar R. Jadhav
(Expert) 19 February 2015
Yes you can file eviction suit against tenant for non payment of rent and also not getting register agreement. You can also register fir against him.
Rajendra K Goyal
(Expert) 20 February 2015
You can take eviction proceedings against him through your lawyer.
Cooperative society would be of much help is doubtful.
You want to register criminal case against him but on what grounds?
Amicable approach is the only fast method to turn him out. You may have to pay him for leaving the premises.
You can claim the personal need after discussing pros and cons of your claim including other aspects.
Eviction suit may take 3-5 years or more depending on the pending cases with the court.
You can not get ex party orders till he decides not to participate / defend suit filed by you.
For lawyer may search LCI database. Expert ajay sethi is practicing in Mumbai. You can consult him.
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
I fully agree with the opinions of expert Mr. Rajendra K Goyal, you may follow his suggestions.
shaikh
(Querist) 22 February 2015
Thanks a lot for the valuable advise expert advise ( Mr. Rajendra, Mr. Sagar and Kalaisevan ) . I have a doubt here how is he considered a tenant still if he has not signed the agreement contract. Cant we take him as a Tresspasser. Also is there any way where by I can get the FLAT sealed through court until the decision is made.
Will the case be fought under jurisdiction of Navi Mumbai or I can get it transferred in Mumbai. Moreover as I am working abroad, how can I still file a legal case as I cannot travel on each case date.
Appreciate your valuable advise.
shaikh
(Querist) 26 February 2015
Appreciate a response from the experts as that will help me in taking the course of action..
Thanks a lot.
shaikh
(Querist) 02 March 2015
Hi Rajendra,
Can you please clarify your comment
You can not get ex party orders till he decides not to participate / defend suit filed by you.
Moreover how long does it take to get an Exparty order.
