NO rent agreement ---how to get eviction???
Guest
(Querist) 23 September 2010
This query is : Resolved
Mine tenant is living in one of my property since last 8 years,there was no rent agreement signed between us ever.
Now since last 6 months,he has stopped paying the rent also ,what is best way of getting eviction from him ?
Some one suggested to show him a licensee instead of a tenant,but I do not understand how showing him licensee would be helpful in evicting him.
Please guide me and suggest the best way according to your understanding.
G. ARAVINTHAN
(Expert) 23 September 2010
is there any receipts?
if so you can initiate rent control proceedings for eviction under ground wildful default.
Kiran Kumar
(Expert) 23 September 2010
there is no need to show him as licensee.
if u wish to take legal recourse then file an eviction petition before the Rent Controller or Civil Judge (as appointed) under the Rent Law (applicable to ur area) on the basis of relevant grounds.
if he is not much powerful kind of person and he is having no evidence of tenancy then simply throw him out....certainly the second method is illegal and will include the use of force too...but nowadays its best to get rid of such tenants.
Guest
(Querist) 23 September 2010
Kiran Ji,he is there since last 8 years,he must be having so many evidences of his habitation in my place.o no question of throwing him out forcibly.
Suggest me some thing else.
Guest
(Querist) 23 September 2010
Mr. Aravindhan,there is no rent receipt also ,ever issued by me.suggest me in details ,what should be done.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 September 2010
Non issue of rent reciepts is criminal offence.
Tanents are protected under all state laws, you can not throw them out.
For rent default you have to prove still court will grant time to pay up.
Advocate Rajiv Mishra
(Expert) 23 September 2010
send him alegal notice demanding arears of rent and to vacate the premices the file an eviction suit, don,t bother about issuing recipts , it is curable.
R.Ranganathan
(Expert) 23 September 2010
Send Notice for vacating the premises and handing over vacant possession on the ground of default in payment of rents. Let him reply to this notice. Then decide accordingly.
One can presume many things without doing anything. Take the above step first and then further action can be ascertained after getting the reply.
R.Ramachandran
(Expert) 23 September 2010
IF you are not in the habit of issuing any rent receipt, that itself will be taken advantage of by the tenant and he can claim that he has paid the rent to you and that you never issued any rent receipt.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 September 2010
Rajiv mishra what you say is not law , yes what Mr ramchandran says is the correct position.
Devajyoti Barman
(Expert) 23 September 2010
If he has got no proof that you would take rent from him as a tenant then I would suggest to file a suit for eviction of licensee.
