Tenant Evacuation procedure
Aditya
(Querist) 14 December 2009
This query is : Resolved
Sir,
We have an owned house situated in Hyderabad which was given on rent to a person (Tenant) who runs a catering business. We have given the house for residence purpose some 5 years before for a rent of Rs.5000. Now the tenant has moved out his residence to some other place and has locked our house. He stpped paying the rent from last 10-11 months. He is not ready to vacate the house and want us to pay him for handing over the possession. As informed by the neighbours, he is using our house to facilitate his catering business. We do not have any written agreement with him. He is cliaming that he initially agreed to pay Rs.3000 and have been paying Rs.5000 and now he want us to return the differential amount with a premium for the entire tenure of 5 years. This is an Independent house of 5 rooms and 2 halls and one kitchen. We still have one of the room under our posession. But now we cannot access even that room as the main gate is locked by him. I would like to understand if there is any provision in the law through which we can get our house vacated.
Thanks,
Aditya
niranjan
(Expert) 14 December 2009
Give him notice terminating his tenance,ask for accumulated rent,take grounds of non use,change of use,non payment of rent for more than six months and say that Rs.5000 was standard rent etc.Take other grounds available under your rent act.And if within month of the notice period,he does not pay the arrears of rent,file suit for eviction.
Aditya
(Querist) 17 December 2009
Thanks a lot Niranjan sir!!
It would be great if you can also help me understand the minimum period the legal proceedings will take after the notice of eviction is issued.
The Tenant is taking undue advantage of his posession. He moved out his residence to a place, the address of which is not known to us. He even stopped responding our calls these days. He is using one of our know person as intermediary to communicate his demands. He always keep our house locked. I dont know how we can send him a notice to him now.
Thanks,
Aditya
