How to evict a tenant legally
G.Gomathinayagam
(Querist) 16 September 2013
This query is : Resolved
Dear sir,
We have a commercial building, in which we constructed six rooms,given on monthly rent.We enter into a rent agreement with tenant initially for 11 months in the year 2000.But we did not renew it.But we allowed them to stay.In one person who occupied the room have not paid any rent for the last 15 months.When we ask him to vacate , he has issued a legal notice, in which he said, he is now ready to pay the rent, If we not accepting it,he said he will take action against us legally.We not interested to take the rent , we want the room for our own use.He runs money lender business in the room without our concern.He has taken the licence in our building address.The room rent is just Rs 600/= only.He has issued 15 days notice on 6.09.2013.Kindly advice,how to vacate him legally without taking more time.
Thanking you
By
G,GOMATHINAYAGAM
Kiran Kumar
(Expert) 16 September 2013
better you keep on accepting the rent, and simultaneously initiate eviction proceedings as per the local rent laws.
try to put up you personal need in front of the court to get the person evicted.
dont delay it.
Raj Kumar Makkad
(Expert) 17 September 2013
File eviction petition on the ground of personal need before the local rent controller and lead evidence thereto.
prabhakar singh
(Expert) 17 September 2013
To answer you it has to be considered if the leased premises cum into the clutches of the state's statute or not.If leased premises are out of purview of state's statute then simply you need to serve a registered post acknowledgement due notice determining tenant's tenancy calling upon tenant to deliver you vacant possession within a month under section 106 of Transfer of Property Act,failing which a suit of eviction would lie.
In case the leased premises are regulated by state's statute you need to look into the same where grounds of eviction and procedure of eviction and jurisdiction of courts are found clearly stated.
Let it be any way if state's statute does not speak of a notice even then a month notice under section 106 of Transfer of Property Act,must be served;and if state's statute does speak of a notice the same should be sent read with section 106 of Transfer of Property Act.
Rajendra K Goyal
(Expert) 17 September 2013
Well advised by the experts, nothing more to add.
