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Technologist (Business owner)     27 January 2010

How to evict an old tenant in Kerala

My mother has a property rented by her father 60 years ago to someone in Kerala. She has the ownership of the property now. The person to whom it was rented to is now diseased and his wife and grown up children now moved out of the house long ago. The house and the premises is abandoned for several years by them by continuing to pay rent. The children who lived there are grown up and employed. They have their own homes. The wife of the diseased tenant also lives elsewhere. They don't vacate the property  despite several requests. They are holding it up to harass her thinking that she would give some money to move out. 
 
They are also making my mother who is in the old age to believe that they are on “Kuty Kitappu” . My mom has not much knowledge of the law and allowed to stay them this long out of compassion. She only gets Rs.425 as rent every month. This place needs to be evicted as soon as possible. Any suggestion to evict them with reference to the current statues and legislation would be greatly appreciated.
 
Thanks in anticipation of helpful comments.


Learning

 1 Replies

Bobby Mani T (Lawyer)     02 August 2010

Old and new tenancies are treated alike under the Kerala Buildings rent controled act.  there is no preference given to any old tenants.  Further you can now file for fixation of fair rent to fix a reasonable rent for the building, even if the court is not ordering eviction of the tenant.


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