Our property (in the name of my mom, brother & me) in south Tamilnadu has been rented to a tenant for more than 6 years now without a rental agreement past 5 years. We have been asking him to vacate the property past 2 years, every time he says he will vacate but not. When I asked him recently he said he can't vacate for another 12 months and told me he can see the consequences in the court. I also got to know he has put kitchen tiles, and some extras on his own without informing us. I am worried that if he is having thought to claim the propertly in his name by dragging furthermore years of stay. He pays his rent regularly. So I need some advice on how to vacate him and is there any possibility that he can claim rights to it.
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Dear Client,
You can approach the concerned authority in your area as every state had separate authority to oversee the dispute related to rented property.You can serve him with a legal notice or file a civil suit against your tenant and claim damages for physical as well as mental harm.
Thank You.
Since you have been receiving the rental amount regularly, it is deemed the landlord tenant relationship continues.
However as the rental agreement was not renewed you may issue an eviction notice instructing him to vacate the premises giving him three months time to vacate after which you can file an eviction suit before the rent controller court to evict him.
Issue legal notice to tenant to vacate premises
if he refuses file suit for eviction against tenant
First, please send him a legal notice asking him to pay all arrears of rent and deliver vacant possession of your property on or before a deadline. Also, say in it that you will adjust the rental deposit against the rental arrears, if he fails to do so, reserving your right to recover the balance from him by the due process of law. If he fails to meet the deadline, you may proceed to file an eviction suit in consultation with your local lawyer. Legally, he cannot claim 'adverse possession' at this point of time.
Send notice for eviction through advocate and later file eviction suit. If you need any further assistance, you can approach me through kaanoon or LinkedIn.
- In the absence of a rent agreement , the tenancy is termed as month to month basis , and the tenant is under obligation to pay the rent every month regularly , otherwise landlord can vacate him legally.
- Since, he is not paying the rent then you can send him a legal notice for termination of tenancy and to direct him to vacate the tenanted premises .
- If not vacated then you can file a petition before the court for evicting him and to claim arrears of rents .
- Further , any alternation in the tenanted premises without getting the consent of the landlord is also a ground for eviction of tenant.
Hey,
As such since you don't have a rental agreement, the courts tend to deem the transactions to be on a monthly basis. issue a legal notice, asking him to vacate within 7 days, failing which you can file a suit in the civil court of your jurisdiction for eviction.
