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Komala Devi (Housewife)     20 April 2015

Tenant eviction problem

My father's home is a three-storeyed building. There are three tenants who reside without paying any rent. One of them is a rogue tenant who is the son of the tenant with whom there was a lease agreement and the tenure was completed 7 years ago. Two other tenants used to work as servants and my father made a mistake by having no written agreement with them. They refuse to leave saying that they should be paid some money. I had politely requested one of them to leave but none have left. We are currently in a financial crisis and cannot afford much money. Kindly suggest what course of action we must take to evict these three tenants.



Learning

 3 Replies

saravanan s (legal advisor)     20 April 2015

send them a legal notice asking them  to vacate the premises within a month as you need the premises for  your bonafide personal use.if they fail to abide by it then file a RCOP with the rent controller to evict them

1 Like

Komala Devi (Housewife)     24 April 2015

Originally posted by : saravanan.s

send them a legal notice asking them  to vacate the premises within a month as you need the premises for  your bonafide personal use.if they fail to abide by it then file a RCOP with the rent controller to evict them

will they cause us trouble during the procedure? What measures and precautions can we take before this procedure?

anand   25 April 2015

Before a landlord can apply to the Board to evict the tenant, they must first give the tenant a Notice of Termination that tells the tenant what the problem is.  For some termination notices, the landlord must wait a specific number of days to see if the tenant corrects the problem before they can file the application with the Board. The number of days the tenant has to correct the problem is set out in the notice.  If the tenant does not correct the problem and/or does not move out, the landlord can file an application with the Board and in most situations a hearing will be scheduled.

At the hearing, the parties can appear in front of a Member of the Board.  The Member will listen to what each person has to say and then make a decision. 

If an eviction order is issued, it tells the tenant when they must be out of the unit. If they do not move out, then the landlord can file this order with the Court Enforcement Office. Only the Sheriff can evict a tenant who does not leave a unit as directed by an eviction order issued by the Board


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