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TANMOY (director)     28 September 2009

criminal past of tenant

A tenant has criminal background but as of today no arrest warrant is pending against him and he has submitted himself before the court. The criminal history was reported in newspaper. Can having criminal history be used to evict him from premises?



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 3 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE EVICTION OF CLIENT KINDLY NOTE THAT

1.YOU MAY ISSUE A LEGAL NOTICE OF ONE FULL CALENDER MONTH MEANS STARTING FROM 1ST DATE OF MONTH AND MENTION ALL FACTS INCLUDING ILLEGAL ACTIVITIES AND USE OF PREMICES FOR ILLEGAL PURPOSE AND CAUSING NUISANCE TO THE NEIGHBOURS DUE TO CRIMINAL ACTIVITIES  OF TENENT. YOU HAVE TO SEND THE SAID NOTICE BY REGISTERED POST A.D. AND GET IT SERVED ON THE TENENT.

2 KINDLY NOTE THAT DEFAULT IN PAYMENT OF RENT ARREARS AND ALSO ILLEGAL ALTERATIONS MADE IN THE PREMICES WITHOUT THE CONCENT OF HOUSE OWNER , SUBLETING THE HOUSE TO SUBTENENT, USING THE PREMICES FOR SOME OTHER COMMERCIAL PURPOSE DIFFERENT THAN PURPOSE FOR WHICH IT WAS ORIGINALY ALLOTED., ARE ALSO SOME OF OTHER GROUNDS FOR EVICTING THE TENENT

3.KINDLY NOTE THAT TENENCY MATTERS ARE TO BE HANDLED WITH PRECAUTION  AS THOSE ARE  DIFFERENT FROM ORDINARY CIVIL COURT MATTERS. TENENCY LAW IS VERY COMPLICATED SUBJECT HENCE MATTERS BE REFERED TO EXPERT.

KINDLY NOTE THAT IN CASE YOU NEED ANY FURTHER INFORMATION YOU MAY WRITE OR SEND DETAILS OR CALL.

WITH BEST REGARDS TO YOU LYOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

1 Like

H. S. Thukral (Lawyer)     28 September 2009

I donot find any provisions in the rent control legislations where a tenant  accused of criminal activities can be evicted on this ground. However if it is a lease agreement and there is covenant  that the leasee shall not create nuisance /etc, then such criminal activity gives rise to a breach of contract and lease can be terminated.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     29 September 2009

yes i have also the same view as mr. thukral.


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