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Tenant refusing to vacate

TurboRS 3 Oct 2013, 16:44

Hi all,

I have a query regarding my tenant. Here is the situation -

I reside in a bungalow built by my grandfather in Pune, Maharashtra. My grandfather himself had kept a tenant which is now a tenant for the last 40+ years.

Now, the tenant has shifted to other address which is an apartment owned by his son for the last 3 years or so. Ne is not residing in my bungalow at this moment.

Description of my property and rented premises -

Bungalow: Ground + 1st floor. 6 rooms in ground floor. 4 rooms in 1st floor.

Rented property: 1st floor [700sq. ft.]

The tenant pays the rent after every 6 months. My bungalow is at a prime location in Pune area and the rent amounts are 13k to 18k for a 1BHK[700 sq.ft.] apartment, the same area of rented premises of my property.

The rent as of now is Rs. 1500 per month which is very low. Now since he is not residing in my bungalow, I have no benefit of renting out the property. There is no maintenance of the said premises and the rent value is so low that I cannot even make use of.

Plus, the tenant is trying to claim that he owns the rented part of my bungalow since he residing for so long. Right now he stays at his son in the same city since last 3 years.

My father and grandfather are deceased. I tried raising the rent to 5k per month and the tenant still refuses to pay saying that Rs. 1500 is already sufficient for property this old [my property is 60 years old]. But the fact is, properties are rented as per market rate of the rent despite how much old they are. Its not the case like he is poor or anything. He lives an upper middle class life and no worries of money as such.

He is just paying rent so that he can still claim share in my property or a huge sum of money out of this case. The key point here is that THERE IS NO AGREEMENT BETWEEN BOTH OWNER AND TENANT. All he has is just receipts of rent collected over time.

I want a suggestion on how can I evict him. I would prefer any way that does not involve a trial since they last very long.

I can say he cannot claim the share in my property on following grounds -

1. He is not living in my premises for last 3 years.

2. He already has a place to reside [his son’s apartment in the same city where he currently lives].

3. My property is deteriorating out of no maintenance since none is living in the rented premises.

Can you guys suggest me any strong points or the ways to evict him?

1 Reply

prudhvi 4 Oct 2013, 15:04

(h) that the premises are reasonably and bona fide required by the landlord for carrying

out repairs which cannot be carried out without the premises being vacated;

Subject to the provisions of section 9 in any of the following cases, the court may,

upon an application made to it for the purpose, or in any suit or proceedings, fix the

standard rent at such amount as, having regard to the provisions of this Act and the

circumstances of the case, the court deems just,- WITH THESE TWO GROUNDS U CAN PROTEST UNER LAW

for more details visit http://www.pathlegal.in/my/