Ashfhq (HR) 29 December 2010

Tenant not vacating

Dear Sir,

My father bought a house in chennai in 1992 and let out to his friend at the same point of time.Now its almost 18yrs and the tenant is not ready to vacate.Since he is our friend for 30yrs now there is no tenancy agreement or rent recipt.The tenant is demanding 5lacs to vacate the property but claims that he gave us a hand lone of 5lacs at different point of time and he gave it on trust & there is no proof for the same. All the property documents(property purchase, EB, Water Tax) is in my father's name.

The tenant is not ready to negotiate. I need a legal advice to vacate him and in case if I file a legal case how long will the case run for and the favour of judgement.Also he has not paid us the rent for almost 6months now.

Seeking a legal advice. Thanks in Advance.

Regards

Ashfhq

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4 Replies

Tenzin Namgyal (Advocate) 29 December 2010

The relationship tenant and landlord can be alive only after payment of rent by tenant.so if there is not rent or any sort of consideration then tenant has to vacate the permises.first step u need to file a general notice form court stating him to vacate the premises within reasonable period if tenant failed to act within said period then u can file a suit in either criminal or civil before appropriate jurisdiction.

1 Like

A.VIVEK ADVOCATE (ADVOCATE) 30 December 2010

I REALY APPRICIATE YOU INSSTERED GETTING WORY YOU HAVE CHOSEN TO GET A PROPER ADVICE FROM THE ADVOCATE. YOU HAVE MENTIONED THAT THE PROPERTY IS AT CHENNAI BUT YOU HAVE NOT STATED WHETHER THE PROPRTY IS WITHIN THE CITY LIMIT OR OUT SIDE THE CITY LIMT .IF IT IS IN CHENNAI CITY LIMIT FIRST YOU SHOULD SEND A LEGAL NOTICE TO YOUR TENANT TO DEMAND THE RENTAL ARRIEARS AND DEMANDING HIM TO VACATE THE HOUSE SINCE THERE IS I WILLFULL DEFAULT IN PAYMENT OF MONTHLY RENT, THAN YOU CAN FILE A CASE BEFORE THE SMALL CAUSES COURT AT CHENNAI DEFINATLY WITHIN A SHORT PERIOD OF MONTH YOU CAN EVIT THE TENANT WITH POLICE AID AND THE SAME PROCEDURE WILL BE FOLLOWE FOR THE OUT SIDE OF THE CHENNAI CITY LIMIT COUT ALSO

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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 31 December 2010

There is default in payment of rent has to be decided by evidence not just on statement of landlord.

More ever what landlord was doing all these years if no rent was recieved.

Please do not remain in false hope that you will get quick remedy from courts.

Your problem will start from giving notice if there is mistake in giving notice than on this point alone the matter will go upto SC.

Engage an expert advocate who has dealt such matters.

2 Like

Ashfhq (HR) 31 December 2010

Dear All

Thanks for the advice.

@Vivek : the property in within city limit

@Shashikumar : The tenant has not paid us the rent only for the past 6months. We tried getting it peacefully but he is not listening to.Evidence can be given only if the rent is paid and no proof can be given for non-receipt. AS already mentioned in my case there is no rent receipt.

Regards

Ashfhq