Tenant Eviction
Querist :
Anonymous
(Querist) 14 December 2009
This query is : Resolved
We have a flat in Delhi under joint ownership of my mother (sr. Citizen), wife and self. This was given on a 11 month lease to tenant for Rs.9000/- which expired and another 11 months lease for the same was signed on same terms and continued. After this expired, there have been requests and delays to vacate and it is now 15 months over that lease. For the past 7 months the tenant is not paying rent (earlier it was cheq. payment) and calls the police (tells them he is being harrassed) when we go and ask for rent.
Please note that the lease agreements of Rs.50/- had not been registered in court or stamped by any notary.
At this time we have served a Lawyer notice indicating termination of tenancy which has not been accepted by them thru' courier or reg post and the regd. post return mail has not come.
Questions:
(a.) How can we evict him. How long does such a legal case take on an average. How much should it cost. Is there any way we can speed up the proceedings.
(b) How can we protect ourselves from fake police complaints.
(c) Can the Police help us in resolving the issue.
(d) Are we having sufficient grounds to evict him legally based on the type of lease agreement signed.
(e) Since the tenancy has expired, do we have a right in having water & electrcity services to our flat put on suspension.
(f)I would also like to bring to your kind notice that the tenant caused a similar problem in his earlier occupancy. Can this be used to strengthen our case.
(g)The tenant also has a built up flat in another part of Delhi. (pending posession for an balance due)
(h)How can we inspect the house to ensure he is maintaining it well.
(i) is there a way we can recover rentals if he just slips away ( we do not stay in that flat)
(j) what documents and data should we keep ready to ensure that the legal case is resolved fast.
(k) Is the Resident's Welfare Association authorised to help in this case.
niranjan
(Expert) 14 December 2009
You should have asked for arrears of rent.You can also say that the tenant has acquired alternative accommodation.if he leaves the house,you have another ground of non- use.You cannot cut necessary aminities like water,electricity.No way for speedy disposal of the suit.
H. S. Thukral
(Expert) 14 December 2009
You have already terminated the lease. After the notice expires, file a suit for possession and if you have mentioned arrears of rent in the notice claim the same and claim damages for illegal occupancy of flat after the notice.
While you have to prove that the arrears of rent are due, the future rent can be claimed through the court. You can file an application for payment of rent after filing the suit. You can also have access to your house for bonafide maintenance. It is a myth that the proceeding takes long time. If you hire a good lawyer and personally follow up the case diligently, the unnecessary delays/adjournments which are the root cause are eliminated. Take immediate steps. As it appears your tanant has made up a mind not to pay you rent and enjoy rentless acoomodation as long as he can. Good Luck. Law does not favour such tenants.
Querist :
Anonymous
(Querist) 14 December 2009
Thanks for your reply. The rent is Rs. 9000/- since the start and the flat was constructed in 2004
H. S. Thukral
(Expert) 14 December 2009
I may add that no excuses to get the house vacated are needed. The tenant is not a protected tenant. It is a simple lease which has expired and now subsists on monthly bais. Only thing is that you keep the ready information on payment of rent by cheques. Donot go to Police. It is a civil matter. Police can not help. You can evict the tenant only through process of law. Requirement of service of 15 days notice of termination of lease is must and see that it is served.
Kiran Kumar
(Expert) 14 December 2009
i agree with the advice of Mr. Thukral.
dont waste ur time and energy in getting help from police and any other residential organisation, file a suit for possession as soon as possible.
u ve all rights to enter your property, and dont go for disconnection of water and electricity....since u r senior citizen, i would not like to see you involved in a multiple litigation.
better approach Mr. Thukral, he is a Delhi based lawyer with a gr8 knowledge of law.
Querist :
Anonymous
(Querist) 21 December 2009
Thanks, while I proceed with this legal case which has been filed and a notice is being sent to the other party for appearing in court. Please suggest how we move in case the tenant does not accept the legal communication.
My Lawyer also feels we may not need additional documents other than bank statements showing rent received thru cheqs, lease agreements and property blue prints. Is there anything else which you could advice would be helpful.
My lawyer has also asked us to close this savings bank account which we have done. Not sure if this was correct. Please advice.
H. S. Thukral
(Expert) 24 December 2009
Trust your lawyer.
Service of notice can be by affixation also as provided in section 106 of TPA and your lawyer in all probability knows about it. If you are talking about refusal of summons from the court, there is also a procedure to be followed. Once you hire a lawyer, let him handle your case.
