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chander sahay (j)     23 March 2016

Tenant not evicting.

Dear all, I need some advice regarding tenant eviction. Six years ago we gave our two room portion to a family. There is a lady, her son and a daughter. Her husband is working in Gulf country. They have their own house in Amritsar. The family resided for a year or two then they shifted to some other place. Then again in early 2014 they came back asking for room. At that time we were not agreeing as they delay the rent and electricity expenses every month when they resided earlier, but after long discussions we given them one room portion which was available that time. Unfortunately my father died in June 2014. Our property is under a mortgage and also we have a car loan to pay, and we have no other income else rental income. After even knowing our hardship the tenant was not paying rent on time every month. Now we had already told them to evict in month of October but to no avail. We had not made any contract or agreement with them and even tenant verification was not done as that time was very hard for us we didn't realised this mistake. Now many people in our neighbour hood along with our local MC had requested the lady to evict but to no avail. The lady's previous land lord too had locked her room several times for non payment of rent. Now I want to know what course we can take. 1. What is the legal process? Its cost and time? 2. Can we just throw them out? Local MC and neighbours are willing for this step. They are ready to make an application and approach local police. 3. Or can we cut off their electricity and water? Please help me and guide accordingly.


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 1 Replies

Adv. Yogen Kakade (+ 91 9225510883)     24 March 2016

As you have not executed any agreement with your tenant is your major mistake. 

File a police complaint mentioning about the tenant as entered in your property as tresspasser and get them out of the premises. And next time don't forget to execute a lease agreement with tenants.


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