Eviction possible?
Sheeja
(Querist) 12 May 2014
This query is : Resolved
My father has been leasing out his property (in Kerala Thrissur Dist.) about 2600sq.ft from 2002 to a particular lessee where he is running a supermarket. There has been no renewal of contract since 2008 and there was a revision of rent once at 2008. The latest contract had the clause saying that the lessee will be ready to move out once the contract expires and lessor says so. Lessee has been giving the rent (the rent is way below the market rate and lessee is not ready to give a higher rent) regularly and he is still continuing. We would like to get him out of the possession. Does the law stay with us?
Devajyoti Barman
(Expert) 12 May 2014
Stop taking rent at once.
Send him an eviction notice and then file a suit for eviction.
Sheeja
(Querist) 12 May 2014
Thanks for the immediate reply Mr.Barman, and I appreciate it very much. Till date, we have not given him a notice of eviction or verbal notice. We would like to know how to proceed? As my father is 70+ he does not want to go for any law suits against him. Any advice on other methods on eviction before the filing a case suit?
Devajyoti Barman
(Expert) 12 May 2014
Sorry, if the tenant does not want to vacate the tenanted premises then suit f eviction is the only way out.
There is no other way.
P. Venu
(Expert) 13 May 2014
As the property is in Kerala, the provisions of Kerala Buildings (Lease and Rent Control ) would answer your query.
Rajendra K Goyal
(Expert) 13 May 2014
If the tenant does not evict the premises on the basis of legal notice, case has to be filed in the court.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
You cannot throw out a tenant forcibly, due process of law to be followed, age is not a criterion for legal suit/action, if you want relief, follow proper course of legal action.
