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Anjalee (Manager Legal)     19 March 2010

Eviction of tenant who is parking a car in landlord's garage

In an ownership building, there is a garage. Many years back, the owner of the building gave the garage  to a non-residential person being his friend on tenancy for parking his car. Both the father and the tenant died. By way of succession father's property have gone to his 3 sons who are cordially occupying 3 floors each in the building. However, the son of the tenant who doesn't even stay in the building still parks the car there. The 3 brothers who are present owners want the garage for parking their own cars. They are parking their cars on the road while this person who doesn't even stay there parks the car in the garage. What remedy the brothers have against him? Can the brothers evict the said person on the grounds of their personal use?



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 4 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 March 2010

Yes sure.

If there is landlord-tenant relationship and rent is being paid, file petition for eviction.

If it was only permission, revoke the permission and lock the garage or park your car.


(Guest)

I don't find any objection you may impose on the tenant from using the garage to park his car, since it is a regular feature from the inception of the agreement (either by his father or his sons now). Hence if the same garage is required for your use now, you may file eviction petition against the tenant claiming the garage for your own use, citing the reasons that you have no place to park your car and that are parking on the roadside, which is risky and subject to traffic violations, etc.,

bhagwat patil (Property due diligence 9422773303)     27 March 2010

if it is closed type garage  when the car is out just lock it. very simple. its ur property u can lock it anytime.

Bobby Mani T (Lawyer)     02 August 2010

If the one who parks his car has no legal authroity to park his car there. you can forcefully exclude him.  you can use minimum force.  do not allow him to park there.  You need not get any court for that.


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