• My tenant is not vacating after expiry of agreement

I have been trying to get my tenant to vacate my property for over a year now however due to COVID he kept on asking for an extension on humanitarian grounds. In June 2021, we signed a final renewal for three months to vacate at the end of September - however he is not going to as there has been non movement to leave the property. He has hardly made payments on time and there have bee many instances that their electricity has also been disconnected due to non payment.

I am 76 years old and cannot continue to take this harassment. What is the legal recourse possible especially after the agreement.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

It is not specified as to in which  State the rented property is situated. In every State there is rent law which  provides for eviction of tenant on grounds of default in payment  of rent, expiry of tenancy and where tenant if undertakes to vacate premises within fixed period. In many States there are provisions for speedy recovery of possession in favor senior citizens. Like in Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. If the State is known precise advice can be given.

Ravi Shinde
Advocate, Hyderabad
4556 Answers
42 Consultations

File suit for eviction on expiry of agreement 

 

since yiu are senior citizen seek expedited hearing 

Ajay Sethi
Advocate, Mumbai
97783 Answers
7922 Consultations

- As per law , the tenant cannot claim extension of time for vacation and stop payment due to covid-19

- You can send a legal notice to the said tenant for terminating his tenancy and to evict him from the premises. 

- Further, if no response then file an eviction suit before the court 

- Further , being a senior citizen you can file your compliant before the senior police officer under the provision of Senior Citizens Act. 

Mohammed Shahzad
Advocate, Delhi
14881 Answers
225 Consultations

 Cse must be filed in the court for his eviction. Legal notice must be given to him before filing the case.

Rahul Mishra
Advocate, Lucknow
14108 Answers
65 Consultations

You can send him an eviction notice first instructing him to vacate for the reasons you rely upon. 

If he is not complying with the demand made,  you may approach senior citizens welfare tribunal with a complaint against him for an effective and expeditious process to evict him. 

T Kalaiselvan
Advocate, Vellore
87986 Answers
2369 Consultations

Dear Client,

You can file a case in court for evicting the tenant from the leased premises. You can even claim damages and arrears from the tenant on the basis of the agreement. 

Thank you. 

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

Send him legal notice and then if not vacating file eviction suit against him

Prashant Nayak
Advocate, Mumbai
33075 Answers
215 Consultations

You shall have to file an eviction suit praying for eviction of the said tenant.

Krishna Kishore Ganguly
Advocate, Kolkata
27537 Answers
726 Consultations

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