Vacting a Tenant
Querist :
Anonymous
(Querist) 15 November 2010
This query is : Resolved
Dear Sir,
We (4 Sisters & 2 brother) are having undivided share of my father's property. My sister is maintaining the property, and one of our house was given for rent @ 1100/- per month and we have taken advance of Rs. 6000/- in the year 2007. We have requested the tenant to vacate the house now, we had talk and he asked as time for 5 months we have also given. But he has sent a legal notice saying that he was paid advance for Rs. 60000/- and for the rent @ Rs. 400/- p.m and agreed to stay him up to 2014, So he will not vacate the house.
Now what i can do?
Pl guide me.
prakash vathore
(Expert) 15 November 2010
hi,
pls check the leave and license agreement, there must be a clause entitiling both the parties to terminate the agreement by giving a months notice, if it is there send him a notice.
Querist :
Anonymous
(Querist) 15 November 2010
Sir,
We do not have written agreement? It is oral agreement either he do not have receipt for the Advance and Rent.
aman kumar
(Expert) 15 November 2010
so you can claim no advance / no payment of rent . misuse of property/need to own use/ reconstruction of property, lot of facts & point you can claim for vacant house !
Devajyoti Barman
(Expert) 15 November 2010
You did not mention whether you or any of the co sharers have indeed received the advance as alleged by the tenant or not.
If the answer is n affirmative then you can not evict him before that time unless t can be prod that the tenant is using the tenanted property fro unlawful purposes or causing damages to it or creating nuisance.
If the answer s no, then you can file a suit for eviction against him after giving him 1 clear month notice.
s.subramanian
(Expert) 15 November 2010
you issue a reply notice stating the exact amount of advance you have received. Then with the advice of your local advocate try to create some valid grounds for seeking eviction.
Sachin Bhatia
(Expert) 15 November 2010
File a suit for eviction against him after giving him notice.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 November 2010
You must be paying municipal taxes for rent collected and there the name of tenant and rent collected will be there.
In all probability less rent is shown and hence you can not claim legally more than that.
Sri Vijayan.A
(Expert) 15 November 2010
I agree with Mr.Subramanian
