Tenant eviction
Amit
(Querist) 17 September 2012
This query is : Resolved
Hello,
My parents stay in the ground and first floor of our house in Delhi and the 2nd floor is rented out. The current tenants have been staying for about 6 yrs now. Of late they had been delaying the rent payment for 2 to 3 weeks consistently even after repeated reminders from my parents. We had a rental agreement just for the first 11 months of their tenancy and did not renew it thereafter. About a couple of months ago my father asked them verbally to vacate the premises. Thereafter the rental payment have started coming on time but we still want the premises vacated. The tenants have promised to vacate in a few months but the relationship has gone sour and any reminder of vacating has been creating unsavory scenes. My parents are old and I do not stay in Delhi. What options do we have if the tenants continue to stay and not vacate in the next couple of months ?
thanks...
ajay sethi
(Expert) 17 September 2012
first convince tenants to enter into fresh leave and license agreement . have agreement duly stamped and regd . after expiry of license period issue notice for eviction of tenant .
Amit
(Querist) 17 September 2012
Thanks for the prompt reply. Can the leave and license agreement be of a duration like 2 months or so ?
thanks...
H. S. Thukral
(Expert) 17 September 2012
If the rent is more than 3500 month you can recover the possession in a civil suit. There is no need to go for fresh agreement. The existing lease with the efflux of time is lease on month to month basis and can be terminated by a notice of 15 days.If the rent is less than 3500/- the tenancy is protected under the DRC Act. You may have to find reasons for eviction.
Amit
(Querist) 18 September 2012
The rent is > Rs 3500/- pm.
So as I understand we can give them a notice of 15 days right away. So will this be a written notice with the tenant's due receipt acknowledgment ? Is there a particular format for the same ? What would be the next step if the house is not vacated even then ?
thanks...
ajay sethi
(Expert) 18 September 2012
it has to be notice in writing . send it by REgd Post AD . mention the detailed facts of case . contact a local lawyer . he will draft the notice. you have to file eviction suit
H. S. Thukral
(Expert) 18 September 2012
Though I suggest you should engage a lawyer to manage it but the notice should be clear 15 days eg if the tenancy starts from Ist day of month then notice must be given before 15th of previous month. Notice should be addressed to correct address, it should be by regd. AD. There is no need to mention default in payment of rent etc.
Amit
(Querist) 22 November 2012
A lawyer has been engaged and a 1 month notice has been sent by regd. AD as well as courier. The notices have been received by the tenant, duly acknowledged. Hopefully they will vacate in a month now. In case they do not, what is the next step ? My lawyer would advise but want to have your expert opinion as well.
regards...
ajay sethi
(Expert) 22 November 2012
file suit for eviction .
V R SHROFF
(Expert) 22 November 2012
Eviction suit be filed.
prabhakar singh
(Expert) 22 November 2012
IN CASE NOTICE IS NOT COMPLIED WITH LAND LORD
NEEDS TO FILE A SUIT OF EVICTION AGAINST TENANT.
Amit
(Querist) 23 November 2012
The tenant has not paid rent now for the month of Nov 2012 which was due 3rd of Nov. In such a scenario how long does an eviction suit + the entire process take ?
regards...
ajay sethi
(Expert) 23 November 2012
depends upon pendency of cases in small causes court .
Amit
(Querist) 23 November 2012
Ok. So can it take months or years ?
ajay sethi
(Expert) 23 November 2012
yes it can take time
Amit
(Querist) 23 November 2012
and till that time the tenant can just stay put without paying rent ?
regards..
Amit
(Querist) 18 December 2012
I has been 2 months rent default now. The 1 month notice ends on the 22nd of Dec. 2012. Eviction suit will be filed next if premises is not vacated. Do we need to prove that we need the rented out place for personal use for eviction ? Or just non payment of rent will be a sufficient reason for forced eviction.
regards...
Amit
(Querist) 28 December 2012
Now that the notice period has expired and the premises has not been vacated, we are filing a suit.
As mentioned above, this may take time. We currently had been charging about 50% of the market rate as rent. Till the verdict of the suit is given, can we claim rent at the market rate ? Do we need to send another notice to the tenants regarding this or we will just put this as a claim during the court proceedings ? In any case I do not want the tenants to enjoy stay at the premises at 50% of the market rate.
please reply,
regards,
Amit
Amit
(Querist) 28 August 2013
Dear Sir,
If the rent > 3500/- pm, is there a need for providing a bonafide personal need for tenant eviction ? Is the termination of the lease by the 1 month notice enough to claim possession of the property through an eviction suit ?
regards,
Amit
