You can file case in the Court of Rent Controller seeking eviction of tenant under Section 10 (3) Rajasthan Rent Control Act, 2001. As a senior you are entitled to immediate possession of the rented property.
Legal options to get tenant to vacate
I am a lady of 76 years and have a tenant in my flat in Jaipur, Rajasthan who is not vacating me flat, always verbally asking for an extension. The last extension agreement we made on Rs.500 non judicial stamp paper wherein he agreed to vacate by 1st Oct’2021. He then requested for an extension of 8 days, and now has requested for 15 days. This is not the first time and this has been going on for over a year. Some months get extended while others i have forced him to renew with an agreement but this behaviour is causing me to be stuck alone in the neighboring flat because i need to be there when he will vacate to take back possession. Hence i make plans to go and stay with my son after the date he gives - however every time i need to cancel because my tenant asks for an extension at the last minute. I need advise on what legal action can i take to get rid of the tenant once and for all.
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
You should send him an eviction notice and if doesn't vacate then initiate proceedings against him immediately after that. A suit has to be filed.
Please arrange to serve an eviction notice on your tenant through a local lawyer, giving him a deadline to pay all rental arrears and deliver up vacant possession. You may then proceed to file an eviction suit at the jurisdictional court, if he defaults.
You have to file suit for eviction of tenant
2) seek expedited hearing as you are senior citizen
Dear Client,
you can get an eviction notice from the court to remove your tenant.
Thank you.
- You should send a legal notice for the termination of tenancy and thereby ask him to vacate the premises within the week
- If , not vacated then you can file an Eviction suit before the court .
- Being a senior citizen , you are entitled to get the possession of tenanted premises soon.
You should first issue a legal notice to the tenant instructing him to vacate the premises especially as the original rental agreement has already expired and that you are not inclined to renew or extend the agreement, he can be treated as an unauthorised occupier or illegal trespasser in the property.
Without any legal action against him you may not be able to repossess the property.
First file legal notice then file eviction
