Issue legal notice to tenant to vacate premises
2) if he refuses file suit fir eviction against him
3) request muncipal corporation to demolish illegal construction done in your property by tenant
Not releasing property after renting for 11 months despite Municipality notice
Hello I live in Kerala and currently living abroad. I recently came across an issue after renting my land for a lease with 11 months legal agreement. He constructed number of sheds and now after 11 months of lease he is not moving out. Municipality already given stop memos with illegal construction however nothing seems to be moving My questions are 1. Since lease expired and we had given notice to him and if we receive a memo from Municipality are we allowed to demolish the sheds from our side. Subsequently if he file a case how can we protect 2. This gentleman was doing similar invasion with many other properties with the delay in settling such issues with the court. Can that be consolidated and file a case. What is the tentative resolution timeframe 3. Apart from amicable settlements what are the Other options leagel point of view to be explored considering the fact that municipality already issued stop memo
Asked 4 years ago in Property Law
Religion: Other
10 Answers
Under Section 11 (4) (ii) Kerala Buildings (Lease and Rent Control) Act, 1965 you can seek his eviction by filing eviction case in the Rent Court on the ground that by illegal construction of shades he has reduced the value of building and on the ground of expiry of lease under Section 11 (9) of the Act. Produce the memo issued by municipal authority in the Court, you will get early eviction order if properly pursued within six months. You can capitalize on the memo issued by municipal authority. That is your trump card. So far amicable settlement is concerned that for you to decide.
Dear Sir/Ma'am
Since the lease agreement has already expired, you have all the rights over the property. You can send the notice to the tenant for eviction from the property and the suit can be filed for construction on the property without your consent. The Eviction Notice can be used as a warning letter before proceeding with any legal action. It doesn't mean the actual eviction rather it is the first step to initiate one. You can fix a time period for the Tenant to vacate the property. If the Tenant doesn't vacate after this period, you can file a petition in the appropriate court of law. It should be ensured that sufficient time is given to the Tenant to vacate the property. The notice period should be in accordance with the Tenancy Agreement or such minimum requirement prescribed under the concerned state laws. Otherwise, if the time provided is proved as insufficient in court, the court may take action against you.
You can ask the Municipality to demolish such construction made by him on your property, you have rights for the same. He doesn't have rights over the property and because of that, he would not be able to raise an objection against such demolition.
Thank You
- As per law, if a tenant make any alteration or construction in the tenanted premises without the consent of the landlord , then that property will become the property of landlord , and he will have his right to use and demolish the same legally.
- If , the tenant has taken your consent before construction , then legally you can demolish the raised shed .
- Further, after the expiration of the lease deed , the status of tenant is month to month basis , and you can evict him after sending a legal notice.
1. Yes
2. You can file an eviction petition against the said construction without getting your consent .
3. You can reply of the said notice of municipal after giving authority to demolish the said construction.
1. If he files any case against you or the municipal authorities, it has be challenged as per law.
In the meantime you may file a suit for eviction to evict him from the property as the lease agreement has expired and the renewal was not permitted.
2. The time taken by court to dispose the case cannot be predicted due to various factors involved in the civil suits.
It may ordinarily take two to three years to get disposed.
3. It depends on the prevailing circumstances, you may decide about it when the situation arises.
Thanks for the response and it is indeed promising feedbacks (with respect to tenant not vacating the property after lease expired & construction of some sheds). Can you please clarify following 1. Currently Municipality issued about 3 letters to him but he continue to build and sublet the shops to different parties. As a stopgap , is this can come in favor to me in the suit 2.Muncipality process of demolition process is taking time. Is it someway i can fast track this through the court? 3.This gentleman currently shopping around and doing similar cheating with different parties as well ( about 5 cases so far). Can this be included in the suit? Please clarify above 3
Asked 4 years ago
It would not come in favour of filing suit
2) court orders would take longer
3) mention he has cheated others also and number of cases pending against you
- Absolutely, 3 notices issued are your brahamastras. You can throw him out with that.
- Issue notice to municipal authority seeking immediate demolition warning of legal action. With your notice municipal authority will take immediate steps to demolish the structures.
- Make specific mention of all his illegal activates. It shows his habitual conduct.
1. You should inform the Municipality , that the said contraction work has done by the tenant without getting your consent , and the official of the municipal can demolish the same.
2. Yes, you can file a suit for Mandatory injunction for getting the order on your behalf
3. Yes.
1. Since the tenant did not pay heed to the orders of th Municipality in this regard, the Municipality can initiate further steps to demolish the structures he is constructing for violating the orders of the competent authority.
You can make a mention about his disobedience and scant respect for law before court in your suit against him.
2. You cannot approach court on behalf of municipality, they can be impleaded as party to the grievances suit you have filed before court seeking redressal of your grievances.
3. You can make a mention about his character and nature in our pleadings.
Dear sir,
you can approach the High court and seek estoppel on this act. since this is the case requires an immediate response, you are required to approach a lawyer for it who will carry forward your action.