Urgent Please Help, Tenant not vacating House
Querist :
Anonymous
(Querist) 25 December 2010
This query is : Resolved
"X" is owner of the House, "Y" is Tenant, between "X" & "Y" oral agreement is there, there is no Written Agreement,
"Y" gave sub let to "Z". "Z" not vacating the House. The House is in the Position of may be collapse at any time. walls also got craks. if collaps the house, if "Z" got any damage articles or life who is liable according to law.
My Queries are:
1. How to vacate "Z" by "X" or "Y"
2. Is there any procedure out of court
3. If through court only, then what should "X" do, and which precaustions should be taken by "X"
4. "X" wanted to settle the matter out of court, due to which reason "X" ready to give money to vacate the house, but "Z" not vacating, "Z" expecting some land, due to "Z" living since 13 years
Please suggest, waiting for your reply
Devajyoti Barman
(Expert) 26 December 2010
1. If the rent act of your state does not allow sub-tenancy without the permission of the landlord then he is liable to be evicted.If the landlord with the said application for eviction also takes the plea of dilapidated condition of the house then he is no more lIable for any damages.
2. Negotiation
3. Suit for eViction alone will do.
4. Out of court settlement always depends upon the mutual understanding of both the parties. If the amount is not much then it is better to settle outside.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2010
In absence of written agreement the burden of proof of sub tenancy is on landlord. Unless he can prove it otherwise it will be presumed that the occupier is original tenant / sub tenant with consent of landlord.
And what landlord was doing all these years it amounts to implied consent.
N.K.Assumi
(Expert) 26 December 2010
The law does not say that agreement should be in writing only and oral agreement is valid.The agreement is between X and Y and not between X and Z, on top of that the house required renovation as such X should approach the Rent Controller to vacate Z.
Advocate. Arunagiri
(Expert) 26 December 2010
If Z proves that he is occupying the premises with the knowledge of the landlord, it is a implied consent.
So, z should be a party to the eviction petition.
Querist :
Anonymous
(Querist) 26 December 2010
Thank you very much above all experts
One more doubt please clarify
If "X" approach Municipal Authorities, is there any rule or G.Os to demolish the house with Municipal Officials (The house may be collapse at any time hence requesting,)
If go to Court may be take more time to get Demolition order from the court
So "X" wanted to approach Municipal Authorities, if "Z" not vacate the house, is there any provision to demolish the house with police protection by the Municipal officers
Waiting for your reply
Surrender K Singal
(Expert) 26 December 2010
It would depend upon the seriousness your Municipality attaches to your application for such request for demolition of dilapidated building which is a cause of concern for the neighbours as well; You may explore the possibility of some neighbours or local social worker / RWA complaining to Municipality / Police of the impending danger to human life due to the condition of old building requiring demolition in public interest
Gulshan Tanwar
(Expert) 27 December 2010
File under the provisions of Rent Act of your State, you can force the tenant to vacate for damages caused to the property.
