We have rented ground floor to a family of husband and wife with 2 small children, husband works 500 kms from Bangalore and visit once in 15days !! In due days the women started fighting with my father for small issues abused him threatened him , she started telling that she is from political background and will harm us of we speak later she called up someone claiming to be rajya sabha MP wife and threatened us over the phone . Tired of this We then said to vacate the property and orally informed her husband over the phone (for which I have call recording)said that 1 month shall be given to vacate the property !! Now what should I do to vacate them in case they don't oblige and vacate with in the stipulated time !! I m ready to go to the court , but before that I wanted to know what laws protect the landlord if he wants to evict them ??
1) First, tell them orally and later on give writing letter to vacate house that you want to live in that house.
2) While sending letter send via e-mail address to her husband or her directly. As they don't have any legal rights.
3) Don't go legally as court may ask you why don't you made any registered lease agreement.
One month time is reasonable and given to tenant to vacate the rented house/flat.
Give a one month's notice to tenant to vacate. In default you can file an eviction suit against the tenant in civil court. Showing a need for personal use of your house is a strong ground in your favour in eviction suit.
1) issue legal notice to tenant to vacate premises
2) if he refuses file suit for eviction against tenant
See firstly in absence of agreement it is better to first give a legal eviction notice to the tenants, further a police complaint for the intimidation can be also filed by your father.
In case on the notice if the tenant refuses to leave the premises file a eviction suit before the court,
You need to file a suit for eviction. It is not always necessary to have rental agreement if there are other factors like rent paid receipts/ advance amout, admission of tenent in written statement itself etc
You can send him an eviction notice and file eviction suit.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Threatening, intimidation, fraud against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
1. The landlord after the expiry of the period of tenancy can fie a suit for eviction of tenant on the ground of bona fide requirement and default of rent.
2. To file the suit for eviction rent agreement is not requirement. Proof of tenancy like rent receipt or other form of acknowledgement like payment of rent through online is enough proof to file such suit.
3. Causing nuisance is another ground of eviction.
You need to give him notice permission from the property within 30 days and increase the property is not vacated within the stipulated period you need to file eviction suit in Civil Court and claim outstanding rent if any along with legal charges and compensation
You have to file a suit for eviction before the Competent Authority which will take at least two to three years to decide in the mean time please be ready to face the unwanted tension which that family will create and for the safer side also file an FIR of creating nuisance.
You will have to send a notice for eviction to the tenant, after that you will have to file a suit for eviction in the jurisdictional civil court along with the title deeds etc
Hi,
You are suggested to send a legal notice and if they are not acting on it, then only file the court case citing suitable reasons.
Hello,
In case there is no agreement then the tenancy will be considered to be a month to month tenancy.
You may send a legal notice to her and may then file a case against her for eviction from the premises.
Let me know if I can be of any help to you.
Regards
Dear Sir,
Landlord is landlord, but few restrictions are there. Oral tenancy also stand recognized. But you must issue a legal notice in writing under section 106 of TP Act and the get him vacate. Nothing to worry.
1. It was blunder in the first place to have rented out the property without executing the rent agreement or lease deed. How would you even prove the landlord-tenant relationship if there is no rent agreement?
2. You have to file a regular civil suit for recovery of possession in the competent civil court as there is no rent agreement.
First of all you have not mentioned whether you have entered into any rental agreement and whether the same is by a registered document or an unregistered document?
If it is a registered document, then you cannot ask them to vacate the premises until any conditions have been breached.
If she is indulging in any illegal activities against you then you can approach police for solution and also protection.
Going to the court for eviction may backfire if you are misusing the law in this regard, hence consult an advocate in the local and then proceed on the advice received
Dear Sir,
It is better to get issue a legal notice under section 106 of Transfer of Property Act.
As per section 106 of the Transfer of Property Act,1882, a notice to quit has to be sent by the lessor to the lessee in order to terminate the lease agreement. The lease agreement can be terminated by issuing a notice of 15 days in cases of monthly tenancy which deals with 'any other purpose'
Dear sir
You should also serve a notice of one month in writing to the husband for evacuation of the premises. If still he does not evacuate the you can go to court and file for eviction of tenant in district court by proving that they are not bonafide tenant you can get the order for eviction of tenants. Under section 27 (p) of Karnataka rent control act
