I've given my house for rent and the tenant has always been irregular in paying the rent. There's no rental agreement made by us. Of late he is not paying the rent regularly. When I asked him to pay he said he's not getting enough money. I an residing in a rented house in the nearby locality. I've decided to move to my own house as my landlord asked me to vacate. So I asked him to vacate. He said he can't vacate immediately and need 2 months time. It's already been a month and he has only paid half of the rent. He kept 2 months rent as due. I'm worried what to do if he doesn't vacate after the 2 months time. I've heard that the laws are in favour of tenants than landlords and it will take years to get cases of this kind to get resolved. As no one usually makes a rental agreement in my town, I too didn't make it. Please help
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The tenancy can be proved as oral agreement.
You first issue a legal notice to the tenant to vacate the premises as he has defaulted the monthly rental payment as well as you require the same for your personal use.
You have no other option than to initiate legal steps to vacate him, otherwise you may have to compromise with him mutually by paying him some amount in return to vacating the property.
You need to send him legal notice for eviction and later file eviction suit for vacation.
Issue legal notice to tenant to vacate premises
if he refuses to vacate file suit for eviction of tenant
- If there is not agreement between the landlord and tenant , then the tenancy will be considered as month to month basis.
- Further, if said tenant is not paying the rent , then the landlord can evict him after terminating his tenancy.
- Further , as you are in need of that house for yourself , then you can send him a legal notice for terminating his tenancy and to evict the tenanted premises.
- If no response, then file an eviction petition on the ground of bonafide requirement , and this case will not take much time .
Dear Sir / Ma'am,
Given the situation you have stated, for both clearance of dues as well as for the the eviction, the best thing would be to try to solve this matter among yourselves. But, if it still does not work you can issue a legal notice to your tenant and file an eviction suit against him.
Thank You.
