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AnonymousGuy (Retired)     11 October 2015

Eviction of tenat in tamil andu

1. Retired, Senior Citizen Owner of a two bedroom flat in Chennai wants to sell his apartment to deposit the money for interest to meet his living expenses. Can he legally vacate the tenant? If so how long it may take? There is no rent or lease agreement except for the first year of tenancy which was covered by a leave and license agreement.

 

2. Is a new leave and license agreement legally valid where the tenant has been staying without any agreement for many years?

 

Poor Old Man

 

 

 

 



Learning

 10 Replies

sudhirghabasu (advocate)     12 October 2015

You can evict him by filing a petition under the TNBLRC ACT (tamilnadu building lease and rent control act) on grounds of own needs and occupation. For whi

AnonymousGuy (Retired)     12 October 2015

sudhirghabasu: Thanks for the immediate response. But your message is incomplete. Please complete it.

sudhirghabasu (advocate)     12 October 2015

You can evict him by filing a petition under the TNBLRC ACT (tamilnadu building lease and rent control act) on grounds of own needs and occupation.For which the present agreement is itself sufficient. It takes atleast 1to 2 years for completion of trial.

AnonymousGuy (Retired)     12 October 2015

But sec 10 of the TNBLRC act does not cover the specific exigency of the landlord selling the flat, while it talks of "demolition and reconstruction" , which cannot arise in the case of flats. I got confused because of the absence of specific wording covering the exigency of the landlord requiring the sale proceeds of the flat for his own support and sustenance in old age.  Is there any other law whih talks of this or is there any court decision? What if the old Leave and License agreement is many years old?

saravanan s (legal advisor)     12 October 2015

if there is no leave and licence agreement in force at the moment then a notice period of 15 days itself is sufficient.you can state that you need the premises for your bonafide personal use in the notice

Advocate Ravinder (Advocate/Attorney)     12 October 2015

You have not mentioned what is the amount of rent and what is the age of the flat.  In Telangana, the rule is that to attract the Rent Control Act, two conditions to be followed.  One is the age of the Building should be 15 years old and the another condition is that the rent should be below Rs. 3,500/- per month. 

 

In other condition (other than the above) you have to file a civil case under Transfer of Property Act. 

Pl. clarify the above facts.

AnonymousGuy (Retired)     13 October 2015

In TN there is no upper limit beyond which the act does not apply. TN has not followed the Delhi model legislation. Also the law does not apply to buildings 10 years old or less. The flat in question is more than 10 years old though it was bought just under 10 years back.

I do not understand how transfer of property act will come into question unless the rental is treated as alease.

 

adv.raghavan (Advocate,9444674980)     13 October 2015

Mr.Poor old man, Joing the club, i do not understand why rental agreement was not renewed after completion of every 11 months, what prevented you from doing, when u are able to extract so much out of TNBLRC ACT, and do have the audacity to argue with us on various grounds. It is clear now you want the possession of property for purpose known to you, and you have not asked the tenant to leave as of now and no notice was served , your query is based on apprehension and you want to react when the worst thing happens and wants to safe guard your interest, so i do not think it is appropriate to answer for apprenhensions., who knows the tenant may opt to vacate the moment you express your desire for the same. Do not jump the  gun.  Have one thing in mind, as far as RCOP is concerned it will take not less than 5 years to reach final stage and the other side do have the opportunity to go for appeal against the said order , if it doesnot fall in his line. this is harsh reality. So first set the ball rolling and ask for further help.

AnonymousGuy (Retired)     13 October 2015

I did not do it because of negligence and I was getting more than what I required as salary! Since I retired three years back I have started consolidating my properties. In this context I ahve already been exhorting the tenant to vacate for the past two years. I think it is now time to take some action. With vague ides I have gathered from the net I did not know how to start. Hence the question. OK!

AnonymousGuy (Retired)     13 October 2015

I did not do it because of negligence and I was getting more than what I required as salary! Since I retired three years back I have started consolidating my properties. In this context I ahve already been exhorting the tenant to vacate for the past two years. I think it is now time to take some action. With vague ides I have gathered from the net I did not know how to start. Hence the question. OK!


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