Need advice - Trouble having tenant vacate rented premises
Respected Sir/Madam,
I would like to request your advise with respect to the below matter.
I live in a 2 storey (ground+first) house with my Mother and younger brother. My Mother owns the house and we had rented the first floor to a family in 2004. In the year 2009, we requested them to vacate the premises, however they requested to stay for another 1.5 years and we agreed. The agreement was renewed until June of this year, 2011.
In June, the tenant argued that Ramzan was close and he was to go to Haj (which he never did) and he needed time until December.
We argued a lot, but had to finally agree BUT the agreement was NOT renewed. Per say, currently they are staying without a valid rent/lease agreement.
We requested them to vacate the premises by November, and have been regularly asking them for a date. Each time we asked he would he that they were looking and hadnt found the right home yet. But now, he says his wife is unwell and he would like to renew the agreement and is ready to pay increased rent.
However, we do not want to rent the premises to these people anymore as we have had enough of this nuisance. And are planning to talk to them again along with some elders to request them to leave.
Although it is early, I would like to know my options. What is the legal stand in our case. If we were to take the legal course, do you think we stand a good chance?
My father passed away in 1991 and my mother has brought us up and I am 27 now. We have had to deal with a lot of problems ever since and this house was constructed in 2003 and we rented the 1st floor as a source of income. We have had legal issues with getting my father’s share of property some years back. My mother is already seeing a psychiatrist because of all these issues and I too am currently very depressed.
Please advice :(
Many Thanks
7 Replies
You can take legal action action against them and validly sue them in the court of law on the following grounds:
2. There should not be acceptance of any rent from them as acceptance of rent would further weaken your case as acceptance will amount to consent of their continuing as the tenant for further whatsoever period.
Hence, as per the current status, as the lease agreement has not been renewed by you, you can sue them in the civil court provided there HAS NOT BEEN ANY ACCEPTANCE OF ANY RENT AND THERE SHOULD EXIST VALID OBJECTION WITH REGARD TO THE SAME.
and yes…the most important condition to validly sue the tenants is:
YOU MUST AND MUST SEND THE LEGAL NOTICE TO THEM SHOWING YOUR INTENTION NOT TO RENEW THE LEASE AGREEMENT…hence service of legal notice is a must..!!
If you have not yet sent the notice then must do that asap and yes you must not accept the accept the rent.
ALL THE BEST!
Hope my above advise would help.. :)
see i wud suggest tht just give them a legal notice n they will get scared a bit n then u cn talk to them for their leave… n dont request as u r the owner… just direct them to leave after giving them a legal notice…if u will go to the lawyer it will be very expensive… so just serve them a notice… n try to sought-out the matter out of the lawyer’s chamber.
n according to me u should mention in the notice about the outstanding bills and amount of rent that they have to pay also…
hope god will help u n if in any case u have to go to courts for the eviction then wht is suggested by :) “SHIBYA SINGH” :) u cn do so…becoz she is right from legal point of view…
but if they ask for old rent wont they make the case weaker again? can you ask them to leave and pay for rent of months stayed without agreement?
Hi, I am a house owner in Chennai and facing a similar issue. We are planning to sell the house and there is only one month left to handover the house to the new buyer. Now the house tenant, who initally agreed to vacate, is now not accepting to vacate and we have not giving any notice to him and accepting the rent via net transfer.
I have the following queries:
1. If we issue a legal notice now, how long will it take to vactae the tenant?
2. Does he have the rights to go to the court even after the legal notice is sent by us?
3. How long will the case proceeding last if the case goes to court?
I know how these things work as iam a victim myself…
1. You need to serve a legan lotice..which he should accept and you need to have the acknowledgement
2. File a HRC case if the rent is below 3500, SC Suit in small causes court if the rent is less than 5lks per anum, OS suit in civil court if the rent is greater than 5 lks per anum
3. If the tenant is smart.. he will use various delay tactics…like not accepting leagal notice, not accepting court notice etc..we will need to give a paper add before seeking for ex-partie…usually they turn up to court at this satage
4. They will raise some IA objection…where the court has to give an interm order…
5. Later our case will move…stages are …Objections, reply to objections, evidences,cross examination, arguments and order…all this can take atlease 2-3 years depending on which court you are fighting this…Civil courts take hell lot of time…
6. If your case is HRC…U have a tough time..as we need to prove there is a dire requirement for the house and u dont have any other property…as courts try favouring the tenant thinking that he is a poor guy and needs to be protected…
7. In any type of case…always mention personal need..this will fasten the process…
ON THE WHOLE NO ONE IN THIS COUNTRY UNDERSTAND ONE THING…IF THE RENTAL AGREEMNET IS OVER…WHY THE HELL WE NEED TO PROVE SO MANY THINGS…WHY DOES A VICTIM GET MORE VICTIMIZED…These dirty tenants take advantage of this and are becoming mafia in cities and our system is slower than snails