Tenant evicition needed

Guest (Querist) 01 April 2013 This query is : Resolved
Respected members,
Please advice me on this...
My tenant went home on 10th feb saying that he will come back in a week. But he didnt came back since today i.e. 1st april. March and april rent is outstanding. His cell is off. When contacted at home several times always he gives different excuses. He tells he will come back and leave the room. But he never comes. Now rent bill outstanding amount will go beyond deposit. Now he is not answering any call. Room is locked. He had the keys. All his belongings inside. We have standard rent agreement of 11 months that will expire on 11th april'2013. Now i dont want this person any more. Now what to do for eviction of room with tenant not available. I have his address. Plz advice.

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Devajyoti Barman (Expert) 01 April 2013
After the expiry of period of tenancy, file a suit for eviction. That is the only remedy unless he vacates the room in the meantime.

ajay sethi (Expert) 01 April 2013
issue him legal notice as per the agreement to vacate the room . then file suit for eviction

RAJU O.F., (Expert) 01 April 2013
Cause to issue a lawyer notice demanding to vacate on the date of the end of tenancy period and also to make payment of rent till vacating the room failing which steps would be taken to break open and to remove the personal effects through legal means.

Raj Kumar Makkad (Expert) 01 April 2013
The opinion of Raju is perfect so follow it in letter and spirit and get the desired results.

Vishal Gehrana (Expert) 02 April 2013
Well.. first of all you have to send him the legal notice for the arrear of rent. Then after 11th of April you should file a suit for eviction of tenant on the ground of determination of lease. You can also, afterwards add the ground of arrears of rent for eviction in such suit by way of amendment.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 April 2013
First of all this may not be the first LL agreement but you may have extended earlier one so without registration it has no legal value.

The tenant is now a statutory tenant and without order of a proper court you can not take possession.

If you try extra legal activities like breaking open etc than you may face criminal action for which even taking bail will be a good effort.

Keep cool and take only legally permissible steps.

prabhakar singh (Expert) 02 April 2013
You have not told the rate of rent,the location of property,it's state and the agreement is a tenancy rent agreement or leave and licence agreement,registered or unregistered agreement,the covenant of defaults mentioned in the agreement,does he retains also any copy of your agreement??????????

In absence of these facts only guess work can go on and that is going on....

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