File suit for eviction against tenant
2) you should get orders within 6 months to one year
Eviction of tenant - options
I owned a 1bhk flat in Dombivali which is rented to a family. The Leave and License agreement duration is 22 months (Nov'23 to Sep'25). As I was incurring losses due to unemployment and emi burden, I sold the flat to another person who wants to occupy the flat for his own residence. The buyer (new owner) also lives on rent somewhere and if he doesn't vacate his flat, his landlord will also charge him a whole month's rent, so he also has less flexibility. As mentioned in the leave and license agreement, I have given 1 months notice to my tenant to vacate the flat, but the tenant is denying to move out. What actions I can take to evict the tenant?
Asked 2 months ago in Property Law
Religion: Hindu
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7 Answers
If a tenant is refusing to vacate a property in India, a landlord can take the following steps
Send a legal notice to the tenant under section 106 of the Transfer of Property Act.
If the tenant does not vacate after the notice, the landlord can file a suit for eviction in the district court.
If the eviction notice is not enough, the landlord can apply for a Standard Possession Order from the court. The court will send a copy of the order to the tenant, who will have 14 days to respond.
Landlords must follow the proper legal procedures for eviction, and cannot evict a tenant forcefully. The Supreme Court has emphasized that landlords must follow due process, and arbitrary eviction is not allowed
- If the said notice was given before selling the property then the tenant is under obligation to vacate the property.
- If no vacate , then file an eviction suit before the Court.
1. In spite of your giving one month's notice to your tenant to vacate the flat and if the tenant is refusing to vacate it, send a legal notice to the tenant to vacate.
2. If the tenant refuses to vacate the flat even after serving him the legal notice, file a suit in the jurisdictional Civil Court for his eviction.
- File an eviction suit against him.
- You do require services of a lawyer. I'm based in Mumbai /navimumbai just as you are. My services are at your disposal.
- ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four)
Dear Client,
Before legally opening the flat in Dombivli to your tenant, make sure you have given the legal eviction notice along with the time and reason to leave. This means that after the stipulated period and serving the tenant with the notice as per your agreement, if they continue to hold on the premise then you can institute an eviction suit in the legal forum in the civil court and attach the Leave and License agreement and the notice to the case files. If the parties disagree, the litigants have to attend other court sessions to defend their case, and if the court orders the eviction, the litigant will produce an eviction order. The local authorities can come in and help make the tenant leave, if they are also not willing to move out as well. Some of the legislation include the Indian Rent Control Act, Model Tenancy Act of 2021, Transfer of Property Act of 1882.
Hope you find this answer suitable for resolving you query.
He needs to vacate after notice period else you can proceed with eviction proceedings against him before competent authority.
