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Legal service India => Property laws => Topic started by: unik on June 29, 2014, 11:07:08 PM

Title: Problem tenant evection
Post by: unik on June 29, 2014, 11:07:08 PM
Hello,

I need some advice regarding the matter as described below,

1. During end of year 2011 verbally asked the tenant to evict the premises, but they did not leave, and neither they agreed to make new agreement for year 2012.

2. Year 2012 tenant stopped paying rent.

3. May 2012 contacted a local lawyer and sent notice and filed a lawsuit For evection. tenant not accept the notice even after 3 notice send, so lawyer made it in newspaper.(gazetted) after that they appear in court and give statement that they have paid the rent which is  pure lie.

4. It is 2014 case is still pending and tenants did not appear in court till date.

5. In april 2014 lawyer advised us to file another case for recovering due rent .

Till date no result , court is also not given the eviction order and rent is also pending for past 2+ years.


Please advice what can be done get back possession of my property and also due rent . :(

Thanks and Regards.
Title: Re: Problem tenant evection
Post by: unik on July 04, 2014, 11:26:33 AM
Please suggest how can we take strong action against these tenants.

Title: Re: Problem tenant evection
Post by: unik on July 07, 2014, 09:05:24 AM
any expert suggestion please..
Title: Re: Problem tenant evection
Post by: advcaroltripathi on July 07, 2014, 08:10:30 PM
where is the case filed which city?
law takes its time by the way did you get an eviction order from court yet?
Title: Re: Problem tenant evection
Post by: unik on July 08, 2014, 11:15:04 AM
It's munger(bihar)
my lawyer says within next 2 dates judgement will be given.

My lawyer also recently said if the tenants do not evict on their own even after eviction order is passed, it will cost around INR 25000/- in court processing to get the tenants out of my premises, is it true.
Title: Re: Problem tenant evection
Post by: advocate-lyngdoh on July 08, 2014, 08:01:10 PM
If u have an eviction order from court, there is noo way your tenant can dis obey the order.
Title: Re: Problem tenant evection
Post by: unik on July 20, 2014, 07:34:14 PM
hello everybody,

I need a little suggestion again,  It is scheduled this week to get the written copy of eviction order ,  now the tenants have left without informing us, they have moved most of the household items , but they have put locks on the doors. No person is living inside right now.

what should be my actions in this situation.  :)
Title: Re: Problem tenant evection
Post by: unik on July 24, 2014, 12:18:15 AM
It's been six days now they haven't removed to door locks yet.

what should I do ???
Title: Re: Problem tenant evection
Post by: advlaxmanadvani on July 24, 2014, 08:56:41 PM
why you have your lawyer he knows what to do in this situation, why do you look so lost
Title: Re: Problem tenant evection
Post by: unik on July 28, 2014, 03:06:03 AM
lawyer has gone outstation for few day and court is also closed due to IEED. :-\
Title: Re: Problem tenant evection
Post by: unik on July 30, 2014, 07:57:51 AM
today i got to talk with my lawyer , he says we need a different order form court to break the lock if the tenants do not come back to release the locks, Is the only option or can we do something the eviction order itself.
Title: Re: Problem tenant evection
Post by: ramits on July 31, 2014, 02:32:46 AM
My grandfather aged 86 years old with his wife owns a 4 flat apartment in Siliguri, West Bengal.

One of the tenants staying in the ground floor is refusing to vacate the flat.
The rent agreement expired on 30th June 2014. We have not been receiving monthly rent & electricity bill on time, sometimes the rent stays due till the next month.

To add to this, the tenant has a behavioral issue and we do not have a healthy relationship with the tenant. He refuses to meet us when we ask for rent, electricity and maintenance charges. It is getting very difficult for my grandfather who is old enough to manage all these issues month after month. Even we have received ultimatum from him quoting that "We should not have done the agreement, and lot of people do not pay rent also". All these leads us to think that he is trying to illegally occupy the property.

I know that Police cannot interfere much as this is a civil matter. Please help if you can !!
Title: Re: Problem tenant evection
Post by: advsarmaroy on August 03, 2014, 06:49:48 PM
file an eviction suit for vacating your premises.
law will take its time be sure of it
Title: Re: Problem tenant evection
Post by: unik on August 04, 2014, 11:12:08 AM
Hi,

can anybody tell what are chances of recovering the due rent. (Tenants are government employees)
Title: Re: Problem tenant evection
Post by: advswagata on August 04, 2014, 06:36:10 PM
Govt tenants than you will get due rent with interest, but when is a big question
Title: Re: Problem tenant evection
Post by: unik on August 08, 2014, 12:21:06 AM
Govt tenants than you will get due rent with interest, but when is a big question


Can you plz also tell is it possible to claim a part of court and lawyer fee used up in going through the eviction process case.
eviction order is already out. ( tenants already run away before written copy of order was out.)

we have already filed another case for recovering the due rent as my lawyer suggested,  because the tenants did not pay the due rent during the eviction case was going on.
Title: Re: Problem tenant evection
Post by: Philip1234 on August 12, 2014, 04:29:57 AM
 I agree with advsarmaroy that file an eviction case for vacating your premises , but be patient because legal procedure will take some time.
Title: Re: Problem tenant evection
Post by: unik on September 12, 2014, 05:32:18 AM
If u have an eviction order from court, there is noo way your tenant can dis obey the order.

Hello,

tenants have run away with all household items but they have put locks on the doors , time given in eviction order to vacate the premises has expired.  today i contacted my lawyer he says if sheriff goes form court to get the locks removed it will cost 20000/-  .  should i take action now or wait.

Title: Re: Problem tenant evection
Post by: unik on September 16, 2014, 05:23:21 AM
Can we remove the locks personally and take possession, as time given to tenant to vacate the place is already expired.