You have to file suit for eviction of tenant of he has sublet it without your consent and has another flat in his name
you cannot forcibly evict him with police assistance
I need to evict our tenant who sub let the rented house from past few year but recently we have notice that our tenant already have another own house and shop (property) in same town. And he sublet rented house from.past few year his sublet paying rent in april for whole past year on behalf of our tenant ( rent bill in the name of our tenant) can i evict the subtenant with help of police and get possession back ?
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You have to file suit for eviction of tenant of he has sublet it without your consent and has another flat in his name
you cannot forcibly evict him with police assistance
You can't take police help. First send him a eviction notice from lawyer. Then if he doesn't evict file eviction suit against him.
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
You need to file a suit for eviction of tenant under Section 15 (1) (a) to the Act as violation of term the tenancy agreement and Section 15(1) (n) of the Maharashtra Rent Control Act, 1999 on the ground the tenant has sublet the premises and is not residing at the rented property. Police has no to interfere in the matter as the dispute is of civil nature
as if our tenant is old we dont have any written agreement with him. and sublet also have own house . he use our rented house only for part time Tailoring shop. if i convince the sublet to evict the house and he leave the property (without police forcibly ) can i get possession of house ?
If you can convince the sub-tenant to evict the house, take possession of house from him by taking a written consent to vacate the property.
Your main tenant has lost all his rights of tenancy by subletting. He is no more a tenant now. He cannot approach any Court claiming that he sublet the premises and sub-tenant is evicted by landlord without his consent. That is way a consent or undertaking by sub-tenant that he is vacating willingly. But do take a consent letter. That will be proof of subletting.
- You can evict the said tenant from the tenanted premises on the ground of sub-letting without your consent after filing an eviction suit before the court.
- However , before filing the petition you can send a notice to the said sub tenant for evicting the premises , and declared that his position in the premises is just like a trespasser.
- Further, you can file a compliant against him before the police for the offence of trespassing.
- A police having no role to evict the tenant from the premises, except a court order
The police may not come to your rescue in this aspect.
It is a rent control law to be dealt by the rent controller court
You may have to issue a legal notice demanding the tenant to vacate since he has illegally let out the rented premises to a third party and this sub-letting is not permitted as per the rental agreement, hence he should vacate the premises for breaching the agreement conditions. Then you can file an eviction suit before the court to evict him for this reason.
If you want to indulge in an illegal act by forcibly overthrowing the tenant then you may be in a fix for having taken law into your hands, hence better adopt due process of law instead of adopting such measures for your own good.
Dear Sir/ Ma'am,
The Supreme Court had stated that , “Subletting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining the consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord”.
Hence if your property was sublet without your prior consent you can go immediately file for an eviction suit.
Thank You.