Tenant not vacating the flat
adnaan qadri
(Querist) 29 December 2013
This query is : Resolved
dear sir,
i own a house on pagdi system, i have given the house on lease for 1 year leave and licence agreement. after completion of agreement it has been 2 months that tenant is not willing to vacate the house and not even paid the rent for the past 8 months.
i did the notary for my agreement but neither i did the registration of the agreement nor i took police NOC just on a good will which was a biggest mistake on my part.
please help me what should i do. when i approached the police they told me it is a civil matter and they cannot help.
Advocate M.Bhadra
(Expert) 29 December 2013
Eviction of tenant is lengthy process, however you can send a legal notice to the tenant to quit and vacate your house for your own use. If the tenant would not vacate then you can file a suit for Eviction of Tenant on reasonable requirement and also rent default ground under respective Premises Tenancy Act.
Devajyoti Barman
(Expert) 29 December 2013
You did not mention the sate where you reside.
If your state acknowledge leave and lincesee then you can file suit for eviction of licensee which is relatively complicated or lengthy process. Or else Rent Act will follow.
Deekshitulu.V.S.R
(Expert) 29 December 2013
According to you it is a leave and licence agreement, which is liable for registration. Even if he is a tenant then the fate is the same. If he is a licencee then on the expirationof period oflicence, his possession is that of a trespaser. File a suit, after giving notice, seeking a mandatory injunction from court to put u in possession of the premises
prabhakar singh
(Expert) 29 December 2013
You began your query with words"i own a house on pagdi system"AND I SAY YOU ARE NOT OWNER THEN BUT A TENANT OF PERSON WHOM YOU PAID PREMIUM.UNLESS YOUR DEED ALLOWS YOU TO SUBLET,YOU HAD NO RIGHT TO INDUCT ANY THIRD PERSON IN POSSESSION OF THE PREMISES YOU GOT IN LIEU OF PAGADI(premium)PAID TO REAL OWNER.
YOU KNOW WELL REGISTRATION WAS REQUIRED WHEN YOU SAY'neither i did the registration of the agreement nor i took police NOC just on a good will which was a biggest mistake on my part.'
NOW WHAT EVER YOUR TENANT PLEAD IN COURT WOULD BE BELIEVED IS THE LAW IN YOUR STATE
OF MAHARASHTRA.
Rajendra K Goyal
(Expert) 29 December 2013
Agree with the expert prabhakar singh ji.
Any amicable solution would be better.
R.K Nanda
(Expert) 29 December 2013
nothing to add more.
M V Gupta
(Expert) 30 December 2013
U are in a double jeopardy. On one hand u had violated the conditions of statutory tenancy by inducting a licensee into the flat without permission of the land lord on account of which ur Land Lord can file suit for eviction. As u had not registered the LL agreement you have violated the provisions of the Maha Rent control Act. As such under the provisions of the Act ur licensee may be regarded as sub tenant in the premises. hence resolve the problem by negotiation. Resorting to legal action may lead to more trouble for u.
adnaan qadri
(Querist) 30 December 2013
thanks all
i want to add that my landlord has no objection if i rent my house. i reside in mumbai.
i want to know what can be the time length if i file a case against him.
i have all the proof as my electricity bill,
my rent reciept, leave and licence agreement.
please advice
Nadeem Qureshi
(Expert) 31 December 2013
contact a lawyer personally with all documents,it will be better for best advise
M V Gupta
(Expert) 31 December 2013
Act as soon as possible by engaging an Advocate.
S.QAISAR ALI ADV.
(Expert) 05 January 2014
you must engage some lawyer (civil)at local level.give notice to your tenant and after passing time given in notice,file a eviction suit against tenant i the compitent court.
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
