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ns1983 (engineer)     10 April 2012

Tenant not vacating - lease expired 2 years back

We have a house in Noida on my father's name which we gave on rent around 3 years back. The tenant is a family of 6 and a lease was signed for 11 months. But the tenant stopped giving us rent after 7-8 months. My father then asked them to vacate the property but they requested for a few months. The period was still in lease at that time. After the lease ended (around 2 years back), they requested for 1-2 months stay & said they had family problems like heart attack, paralysis of their parents & recent mishaps in the family.....they also said they had deep financial trouble & would vacate after 1-2 months....my father let them stay on humanity grounds but aftr sometime he again asked them to vacate the house....we did not renew the lease because we asked them to leave as soon as possible....since then they have been saying we will vacate in month or so....but now they are not leaving even after we have been repeatedly telling them to vacate....ever since the lease expired, they have been living there illegally.....now when we say we will take legal route, they feel we are helpless people & cant do anything ...my father is retired, old & this stress is affecting his health....our family is v scared to take legal action because people tell us it takes years to get property cases resolved....father also feels he does not have energy & health to run around the court case....

1- please suggest us what legal action should we take, given that the tenant is living there illegally without any proof that he is on rent...we have all the legal papers of the house...

2- please tell us if going to court will take years & how long can it take ....some people say we have a strong case...is it right?....how long can it take to evict them?

3- please send us contact details of some good lawyers in noida....

4- what action should we immediately take & what should be the process?



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 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 April 2012

First issue legal notice u/s 106 of TP act and file a suit for possession/eviction.

H. S. Thukral (Lawyer)     10 April 2012

Your tenant is taking advantage of your weak thoughts. File a suit for possession after issuing a notice of termination of lease. You should engage a lawyer do this.

Litigation does takes time. In this case as well it is going to take 3 years time. But do you have any other alternative?  

ns1983 (engineer)     10 April 2012

Thanks for your responses....another query....

do you think that in law, we have a good position & he will not be able to occupy the house permanently?

does it seem like a win situation for us if we file a case immediately now?

you are right, we dont have any alternative but to wait...even if it goes on for 3 years....but I have heard that the recent laws have helped people in such situations & the cases can we finalized faster , like in 1 year or so....is that information correct?

H. S. Thukral (Lawyer)     11 April 2012

One year time is too optimistic. Senior citizens cases can be fast tracked. But do expect min. 3 years time.

you have a good case and law seems to favour landlords now a days. 


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