Key facts: We have an old building and tenants who have been living there for about 50 years.The original tenant has passed away more than 30 years ago. In fact, his son has also passed away. Currently, the grandchildren of the original tenant have the possession. They have defaulted on rent payment and have not paid any rent since 2015, even though their rent is only Rs.27/ month. Additionally, the house has been declared dilapidated according to a report from a structural engineer and has been advised to be demolished. However, the corporation is only willing to issue a certificate saying "demolish or repair" saying it's their standard template, even though the house is irreparable. Lastly, they are not even living there anymore for almost 9 years, but have kept their lock on the door. The electricity bill generated is minimum possible for about the same time (~9 years), which is proof they don't live there anymore. Summarising: 1. Grandchildren of the original deceased tenant 2. Rent default for 8 years 3. Dilapidated structure 4. Not occupying the premises for 9 years I want to evict them as they clearly don't need the residence. The original tenant has passed away long time ago and even the building is about to collapse. So, that should end their tenancy. If we send notice for rent default and they pay the rent dues along with interest, is everything reset legally? If the original tenant dies, does the tenancy relationship end? If not, is it perpetual? Please suggest what's the best possible action we can take on our part and what defence do they have.
Issue notice to grand children to vacate the premises as they have not been staying in said flat for last 9 years and it is kept locked
2) further no rent has been paid for last 8 years
3) file suit for eviction if they fail to vacate the premises
4) the defence that can be taken by grand children is that they cannot stay in flat as it is in dilapidated condition
First of all, don't send them any notice for the recovery of rent amount; that's not a big deal
Try to find out their self-owned property address, where they have lived for the last nine years, and generate evidence for the future to vacate them.
Apply in PMC for demolition of the old building as per the dilapidated structure.
Then later on, you can send them notice and ask for a rent receipt if they have had one for the last nine years.
- As per the Supreme Court , a landlord having complete rights over his property and can evict the tenant , if the landlord feels that a renter is unfit to live on the premises,.
Since, the said tenant is not living in that property for the last 9 years , it means that they are not in need of a tenanted premises
- Further, 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
- Further, if the tenant not paid the rent regularly ,then the landlord having his right to evict the tenant after filing a suit for eviction before the court.
- Hence, you being the legal heirs can file a suit for eviction before the court, after giving a legal notice, and don't ask for the arrears of rent .
Issue a lawyer's notice claiming tenant not residing at rented premises and seeking payment of rent at the address of house. Notice will come back as door locked. File a suit Before Rent Controller seeking eviction on the ground of premises is not in use and default of payment of rent. Court will issue notice to tenant which will come back as door locked. Court will order you to publish notice in local newspaper after that Court will pass ex parte order of eviction against tenant he does not appear. If he appears, contest suit on gourd of tenant has vacated the premises. You have proof door locked and utility bills. File execution petition seeking his eviction through Court bailiff, he will file a report of door locked. File an application to break open the lock by Court and handing over possession. Court will get the lock broken and give you possession seizing all his property in the premises. His property will be sold and Court will give you arrear of rent. The whole process will take between 4 to 6 months. This is the only way you can get possession of your property. As the dispute is civil, police will not interfere. Breaking of lock will invite trouble for you.
If the original tenant does and no one is their heir who was at the said rental premises with him then it ends
The corporation is not willing to demolish the building as there is tenant's lock on the building, even though they have not stayed there or have paid rent in 8-9 years. They said they can't interfere in such cases that will make them liable for case from tenant. What can be done about this?
You can break open the lock if no one is responding your notice’s stating security conditions
You should file suit for eviction against the tenant
You can write to PMC, saying it's a dangerous building that will affect any public or animal life, so you should not be held responsible and PMC can demolish the building.
You can issue an eviction notice to the descendants of the original tenant as follows:
1. They are not tenants neither their parents were tenants, hence there is no landlord tenant relationship;
2. Defaulted in payment of monthly rental amount for over a decade;
3. The old building in a dilapidated condition may collapse any moment hence there is a risk for their life;
4. The tenants are not residing in the premises for over a period of 9 years or more;
If the tenants ae not responding then you can file an eviction suit to evict them and take possession through court process.
You do not have to approach the corporation for this purpose.
You were advised to initiate legal action to evict the tenant by due process of law.
1. you can certainly file an eviction suit against the grandchildren on the grounds of arrears of rent, non-user and possession required for immediate demolition
2. the rent is in arrears since 2015, so i fear that, that claim may have become time barred. however the other grounds like non-user and possession needed for immediate demolition are certainly there
3. for claiming arrears of rent, you will have to issue a statutory notice u/s 15 of the Maharashtra rent control act. Even if the rent is cleared upon receiving the notice, you can still sue them for not paying rent on time. The landlord should not be made to issue a legal notice everytime to the tenant for payment of rent. It should not be that only on receiving the legal notice the tenant pays the rent. This would become onerous for the landlord. So even if the rent arrears are cleared, you can still seek their eviction as the tenant was never ready and willing to pay rent on time and only on being served with the legal notice, he paid the rent. So such a tenant has no right to continue to occupy the premises. This is because the landlord also has to pay the outgoings of the building like property tax etc. And some landlords are dependent on the rental income for their sustenance. Though a rent of Rs. 27/- in today's time is even less than pittance.
4. the corporation cannot raise their hands by saying that it will not demolish the building because there are occupants in the building. This is no answer. The corporation owes a duty to the general public and the passers by who could be injured if the building suddenly collapses. So if the corporation is not demolishing the building then you will have to approach the High Court. Also there are judgments which have held that just because the building is demolished, the rights of the tenants/occupants are not obliterated and they are infact preserved and unaffected.
5. the grandchildren would be the statutory tenants by virtue of the definition of tenant given in the rent act in s.7(15)(d). So even if the original contractual tenant dies, the tenancy right survives to his family member or legal heir who would then become the statutory tenant under the rent act
Dear Client,
As per the fact of the case tenant is not paying the rent for 8-9 year ,it can be taken as a ground for evicting the tenant from the house.
After establishing the grounds for the eviction, the following procedure needs to be followed:
Stage I - Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property. The landlord must give a reasonable time to the tenant to vacate the rented property. In the majority of cases, the tenants leave the rented premises after receiving a legal notice from the court.
Stage II - File an Eviction Suit: The tenant may refuse to vacate the rented property after receiving the court’s eviction notice and contest the eviction. In this case, the landlord can hire a rental property lawyer to file an eviction suit against the tenant. The suit for eviction of the tenant is filed in a civil court under whose jurisdiction the rented property is situated.
Stage III - Final Eviction Notice: The court hears both sides and issues a final legal notice for eviction for the tenant based on the arguments and evidence present. The tenant has to vacate the rented property once the court sends the final eviction notice.
Thank You
- You can file an eviction petition before the court for getting order
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Rent Default: If the tenants have defaulted on rent payment for an extended period, you can send them a notice for rent arrears. If they pay the outstanding rent along with interest, it may reset the legal situation. However, this doesn't automatically end the tenancy.
Tenancy after Original Tenant's Death: In many cases, the tenancy can continue even after the original tenant's death, especially if there is a family member residing in the property. However, this can vary depending on state-specific rent control laws.
Dilapidated Structure: If the building is declared dilapidated and uninhabitable, it's essential to follow the proper legal process for eviction. You may need to obtain the necessary permissions and orders from the relevant authority for demolition or repair.
Non-Occupancy: If the tenants have not been living in the property for an extended period, it may be possible to argue that they have abandoned the property. However, this should be done legally to avoid any potential claims from the tenants.
Corporation's Role: If the corporation is not willing to interfere in the matter, you should focus on following the legal process for eviction as per the existing laws. It's essential to ensure that you adhere to all legal requirements to protect your rights as the landlord.
