tenant refuse to vacant my house

Querist : Anonymous (Querist) 24 September 2010 This query is : Resolved
Dear experts
I have given my house on a rent.No agreement has been done.Now my tenant is refusing to vacant my house.He has no another shelter.

My question is that how can I vacant my house.What is rule says?

Requst to give me proper guidline to all respected experts.
Sandeep

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DEFENSE ADVOCATE.-firmaction@g (Expert) 24 September 2010
Very few options for landlord to get premises vacated since law is in favor of tenants.

sanjeev murthy desai (Expert) 24 September 2010
Send legal notice as prescribed under the provision of section 106 of Transfer of property act and give him a proper time to vacate the leased premises.

But you should have the genuine legal necessity for vacating him from the leased premises other wise you may not be succeed, because as above expert said, all the 60% legal doors are open to the tenants only.

H. S. Thukral (Expert) 24 September 2010
Your query needs further clarification. Since some tenancies are covered under Rent Control Laws and tenants have protection from eviction. Kindly provide information as to amount of rent and state in which premises are located.

Uma parameswaran (Expert) 24 September 2010
With the help of an Advocate you can send legal notice to the tenant and as per the reply you can take steps.

Guest (Expert) 24 September 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com

YOU MAY KINDLY NOTE THAT.

1.YOU ARE THE LEGAL OWNER OF SAID PROPERTY.
2.THE ILLEGAL TRESSPASSER DOES NOT HAVE ANY DOCUMENTARY PROOF OR ANY LEGAL RIGHT TO STAY AT YOUR PROPERTY.
3.KINDLY NOTE THAT IN CASE OF ANY DISPUTE BETWEEN LANDLORD AND TENENT, IT IS MANDATORY THAT THE LANDLORD SHOULD GIVE LEGAL NOTICE TO THE SAID PERSON FOR GIVING VACANT POSSESSION OF SAID PREMICES.
4AS PER PROVISIONS OF MAHARASHTRA RENT CONTROL ACT IT IS MANDATORY TO GIVE ONE FULL CANDER MONTHS NOTICE TO THE TENENT TO VACATE SAID PROPERTY.IT MEANS NOTICE PERIOD IS COUNTED FROM 1 ST DAY OF MONTH AND IT IS UP TO LAST DAY OF MONTH.IT SHOULD BE ONE CALENDER MONTHS NOTICE.PLEASE NOTE AND SHOULD BE GIVEN BY REGISTERED POST A.D. SO THAT THE ACKNOWLEDGEMENT CAN BE PRODUCED IN COURT.
5.KINDLY NOTE THAT GROUNDS FOR EVICTION OF TENENT ARE AS UNDER.
A.THE SAID PROPERTY IS REQUIRED FOR BONAFIDE USE AND POSSESSION OF THE LANDLORD.
B.TENENT IS CREATING NUISANCE TO THE NEIGHBOURS AND DOING ANY ILLEGAL BUSINESS AT PREMICES WITHOUT THE PERMISSION OF LANDLORD AND USING SAID PREMICES FOR PURPOSE OTHER THAN THE PURPOSE FOR WHICH IT WAS ALLOTED BY LANDLORD.
C.THE TENENT HAS MADE MAJOR ALTERATION IN THE CONSTRUCTION OF SAID PREMICES WITHOUT THE CONCENT FROM THE LANDLORD.
D.THE TANENT HAS NOT PAID THE AGREED RENT AND IT IS IN ARREARS.
KINDLY NOTE THAT AS THERE IS NO WRITTEN AGREEMENT YOU MAY CLAIM RENT ARREARS FROM THE SAID PERSON AND IF HE IS UNABLE TO REPAY HUGE RENT ARREARS HE HAS TO VACATE THE SAID PREMICES.
THESE ARE BRIEF GROUNDS FOR EVICTION OF TENENT.
KINDLY NOTE THAT AS PER LOCATION AND PLACE OF PREMICES THE LOCAL RENT CONTROL ACT WILL BE APPLICABLE.
KINDLY NOTE THAT AFTER SERVICE OF NOTICE IN CASE HE HAS NOT VACATED THEN YOU HAVE TO FILE THE EVICTION SUIT IN THE CIVIL COURT PLEASE NOTE.GOOD LUCK.YOU WILL SUCCEED.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY KINDLY SEND DETAILS WILL HELP YOU.
THANKS.

s.subramanian (Expert) 25 September 2010
I agree with the above views.

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