Regarding tenant

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
hai i am from bangalore i have a problem i have rented my property i.e. 4000 sq ft for the rent of 12000/- p.m and from past six months i am been asking the tenant for the hike of rent of 20000/- but he has not agreed for this and hes not ready to vacate the property and the agreement which was done between us was on 2002 june and the tenant is running a transport business and hes not willing for either vacating the premises nor increase the rent how will i vacate him without filing a suit or if i file a suit how much time will it take me to vacate pls advice

regards
velu

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sanjeev murthy desai (Expert) 30 September 2011
file a eviction suit

Querist : Anonymous (Querist) 30 September 2011
but if i file how much till will this process take me to vacate him

ajay sethi (Expert) 30 September 2011
what were the terms and conditions of your agreement? does it provide for increase in rent?
what was the period of agreement?

if your agreement does not provide for increase in rent you cant increase rent during subsistence of agreement .

if period of agrement is over issue legal notice and ask him to vacate the premises. if he fails to vacate file eviction suit

consult a local lawyer . he will inform you the time taken for disposing case in bangalore

Querist : Anonymous (Querist) 30 September 2011
thank you for the reply sir, as per the agreement which was done on 2002 their was condition of increase of rent yearly but hes not ready to hike the rent and not ready to vacate the premises so i am concerned that if i file a eviction suit how much time does this process take because already i have lost six months rent in this regards so pls let me know how will i go with this

ajay sethi (Expert) 30 September 2011
well for how many years was agreement entered into?.was it a leave and licence agreement?

if he has failed to vacate proceed legally , litigation takes time .

prabhakar singh (Expert) 30 September 2011
Eviction of tenant through court is a quite time consuming job,as he is in business he would like to contest you up to last breath,hence no body can guess the time.

If tenancy is not protected under state urban tenancy law,then terminate his tenancy for breach of agreement by serving a notice of 30 days u/s106 TPA,and file eviction summary suit togather with realization of arrears of rent and damages for wrongful use and occupation,where only revision would be his remedy.

But all this require personal service of a lawyer hence better consult a local lawyer.
Here you can get just ideas to proceed,which has been now extended.

Querist : Anonymous (Querist) 30 September 2011
well thanks a lot for your reply for my query sir so let me go through some good lawyer and further proceed

Guest (Expert) 30 September 2011
I endorse the views of Shri Prabhakar Singh.

Shastri J.K. (Expert) 30 September 2011
I agree with Experts.

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