Smanny (home owner) 30 March 2012

Tenant harassing us

We have a tenant for the last five years and we are trying to get him to evict out house. One year back he refused to evict saying he can't find schools for his kids and needed another year. We did an agreement (legal lease) till March'2012 and now after a year we asked him to evict and he says that he won't go as he couldn't find a school yet. He says he needs another year and is even asking us to make the agreement through court where the court will have him evicted after a year. the trouble is we know nothing about tenant law and he is a lawyer and is manipulating us. Please can somone suggest what is the way out. He is harrasing us by saying that tenant has some rights, but we as legal owners, don't we have rights to our own flat. Please can someone help us!

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6 Replies

(Guest)

nobody has right to harreshed another- First request him, Than without delay send him a registered latter/notice to evict/leave your rented home.

Just after if not get any success than file a case in court for evict him on bonafide needs & on ground of end the contract. Court will help you.

If you fear it than submit a complaint to BAR Counsil of State/or India.

Smanny (home owner) 30 March 2012

Thank you for your reply.

My question/concern is, what I have read from the legal questions is that once we go in court it takes years to get the tenant evicted. This would be very harrasing for us. Is there any faster way, as my parents are really old and they have my power of attorney.

Our tenant is saying that we can extend/renew our contract with him for a year through court, after which if he fails to evict, there is some penalty (like 3000Rs per day) for him and the court forces him to evict. He suggests that he would evict after a year and we can get this registered agreement done with him. We are really scared, as we know he is trying to manipulate us. Is it advisable to do such an agreement in court with him and take this way, will he evict then or is he going to fool us again? I mean is this a right way or is there any alternative way.

Please can you help me. My flat is in Delhi.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 30 March 2012

First of all you engage a Advocate, dealing with Tenancy, and get his advise, Rest depend on his action

uttamtibrewal@yahoo.com (Advocate) 30 March 2012

dear Smanny ... !st let me tell u court does not make any contract or agreement .... okk its u and ur tenant who are going to make an agreement that can be registered.. thats all... but what if he still does not evict your flat .... you have to go to court ... so dont be scared ... u can send him a legal notice... or wait for a year .. its on your choice.... if u enter into any agreement its better you consult us or any lawyer from your side do not enter an agreement drafted by your tenant ...

all the best for any futher quaries be free to contact us

Alok Tholiya (self employed) 31 March 2012

The problem with us is we become tenant or landlord or husband or wife w/o knowing the laws concerning us. And then smart and shrewd one takes on us. Be careful. Read all concerning laws carefully. See more then one advocate. Join property owners association .