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Nitish Saraf   26 October 2021

tenant eviction in old building mumbai

Our 1 flooried building was built by my grandfather during 1940's.
the building has 10 individual flats 1 room kitchen and were rented out to people from our community.
now these families have been staying there since generations some have just locked the rooms and not using it since many years.
the rent is minimal and has not increased ever since. not sure if all of them are even paying that rent anymore.
is there a law through which they can be evicted?
what is the best way to get our possession back?
thanks


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 October 2021

 Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property.

According to BMC rules, residents living in buildings that are over 30 years old have to carry out the structural audit. Those found to be in the C1 category and can’t be repaired have to be vacated. “However, after receiving BMC notices, many residents move court or appeal before the TAC to get the structural audit reports vetted,” said another civic official. “On many occasions, the BMC takes an undertaking from residents that they are living in the dilapidated building at their own risk and cost,” h

1 Like

Advocate Bhartesh goyal (advocate)     26 October 2021

Issue legal notice for eviction to tenant also ask him to pay due rent and if notice not complied by tenant then file eviction petition against him on available grounds.


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