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Kalpesh Joshi (Research Scholar)     07 May 2013

Seeking advice for the landlord

A house owned by my mother had a tenant when bought. The tenant has shifted to his own premise at least 7 years ago while my mother continues to stay in the remaining part of house (part of house on rent is 30%).The tenant started paying the rent by money-order after he shifted to his newly bought house. But the money-order was refused on the bases that he need not pay the monthly water charges (as agreed upon earlier) as he is now not leaving and using the rented property. Since then, he has not paid rent, neither to my mother nor in the court (verified). Now, we want to rebuild the whole house as it is too old – more than 60 years and we need to get portion of our house vacated. The need is all the more urgent looking to the conveniences required by my aging mother. What can be done? Is out of court settlement the best option?  



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 May 2013

Send a legal notice for vacate the premises my bentioning the reasons. give a month time as per the act. You can file in rent courts in your locality.

Kalpesh Joshi (Research Scholar)     08 May 2013

Thanks for your suggestion. What I understand by 'legal notice' is the one served by an advocate. But I wonder what a 'rent court' is and how to proceed for filing a case in a rent court?

Thanks again for your advice.

LegalArrow ( Advocate Bangalore)     08 May 2013

"rent court" is the jurisdictional rent tribunals set up under the local rent acts, which differs from state to state. the jurisdcition of a civil court to evict a tenant is barred under section 9 of the cpc, if the jurisdiction is conferred under a local statute. therefore a consult a local lawyer to issue quit notice and if the terms are not complied within the time stipulated under the local act, then file eviction petition/ case)depending upon the jurisdictin available to u.


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