Subletting
Geeta
(Querist) 12 June 2012
This query is : Resolved
My tenant has sublet my property to strangers and is also collecting good rental from them. But I'm unaware of their agreements or understandings. He has also stopped paying rent from past 5 months on which my family depends. How do I procede in this regard. I just have a photo evidence for subletting. Should I procede to the civil court or is there any other way to evict him. Please help.
R.K Nanda
(Expert) 12 June 2012
Issue a legal notice to ur tenant to vacate the tenanted premises in 30 days time.
SHIV KUMAR GUPTA
(Expert) 13 June 2012
PL CONTACT ME OVER MY MOBILE 9034023576
S.K.,GUPTA
ADVOCATE
Anirudh
(Expert) 13 June 2012
Dear Mr. S.K.Gupta,
Either you provide the answer to the query or keep quiet, or at best send Private Message.
BUT PLEASE DO NOT SOLICIT WORK THROUGH THIS FORUM BY SAYING "CONTACT ME OVER MY MOBILE..." ETC.
mukesh Gupta
(Expert) 13 June 2012
Geeta jee,
Subletting and non payment of rent are few grounds for filing of suit for eviction. You can proceed for the same after serving the notice as advised by Mr. Nanda.
Here i would like to say that in case of non payment of rent few rent control act provide benefits of first defaults so pls also check the same. But sure if u r able to prove the subletting decree of eviction will be passed though there is first default.
Guest
(Expert) 14 June 2012
Madam,
You have not mentioned in your query,whether you have entered into any written agreement with your teant.If yes,what is the vailidity period of the said agreement?Whether there is any provision in it for sub-letting of your premises? If it was a lease -deed for a period exceeding 11months, whether it was registered or not?Decision is to be taken based on terms of the said agreement.Normally,Subletting and non payment of rent are very grounds for filing a suit for eviction.However , prior to that a suitably drafted legal notice is to be served upon your tenant.
Shonee Kapoor
(Expert) 14 June 2012
Issue legal notice and then file for eviction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Geeta
(Querist) 16 June 2012
Thank you all for the valuable suggestions.
I have entered into a 11 months agreement which has got expired on February 2012. The tenant who runs a travel agency has stopped paying the rental from January. There is no provision for sub-letting in the agreement. Area police are supporting the tenant inspite of DCP Bangalore ordering the area police to evict the trespassers more than a month ago. No action has been taken by the inspector.
Inspite of knowing about the subletting the police and tenant are trying to hide evidences once I got to know about it. Hence I'm helpless as I have no proof for it except a photograph taken of the name board of the tresspasser (flower dealer).
Is the photograph sufficient as an evidence? How long will the court take to evict the tenant and tresspasser?
How can I speeden the process as my family depends completely on the rental income and it is also so crucial at this stage as it has to meet the medical expenses of my sick husband.
ajay sethi
(Expert) 16 June 2012
was agreement duly stamped and registered? was prior permission of society obtained before giving premises on leave and license . please clarify
R.K Nanda
(Expert) 16 June 2012
State full facts of ur case to get proper reply.
V R SHROFF
(Expert) 16 June 2012
u need to evict thru court order.
or if he use force & do not evict , if LL Agr. is not registered, and he is a trespasser.
both cannot give it in court as evidence if unregd. Otherwise evict as term over.
Due Process of Law to get possession takes a long time in civil court.
Geeta
(Querist) 17 June 2012
Our lawyers in bangalore said 11 months agreemnet need not necessarily be registerd hence we did not do that and they say subletting is a ground for eviction.
R.K Nanda
(Expert) 17 June 2012
After sending 30 days legal notice of eviction you can then file eviction petition in court on the grounds of non-payment of rent and sub-letting against the tenant.
Geeta
(Querist) 21 June 2012
Respected experts
The latest proceeding of the case is that I cannot go to the court as the time for eviction cannot be determined. I have negotiated with my tenant and he has agreed to vacate the house if we pay him 4 lacs. I have no other option but to settle the amount.
Kindly suggest the documents / clauses other than the general vacating notice that I need to get it prepared from the advocate before the final settlement as I don’t trust him and there are chances for him to trouble me after the entire settlement. Your suggestions will be very very important and crucial to me in this phase.
