You have to file suit for eviction of licensee before the competent authority in Mumbai
police would not intervene as it is a civil case
Licensee unwilling to vacate after lease expiration - Need remedy
We rented our 1 BHk located in Jogeshwari Mumbai under leave and license agreement back in June. Now, we want to move in for reasonable reasons due to my parents health and proximity of medical facilities. We had discussed this with licensee back in August followed by official 30 day notice in writing via email and on WhatsApp letting her know and that she has to vacate and hand over the keys on Sep 30. However she has now consciously overstaying and not showing signs of moving out. She’s won’t allow us or anyone in. In fact, she’s threatening filing harassment for asking her to vacate and follow ups and any communications our intent to file eviction. What should be our steps as she is clearly exploiting us? Can we involve the police to help vacate etc?
Asked 3 months ago in Property Law
Religion: Hindu
13 Answers
Police will not interfere in this civil matter.
You may have to approach the rent control court with an eviction suit to evict her by due process of law.
The eviction notice already issued will be an evidence to support your pleadings.
I fail to understand the purpose of these lease and license agreements and protection it offers to landlords if at the end of day, these licensees can blatantly disregard the conditions and exploit landlords like us with the only recourse being an expensive eviction proceeding. This might be a rhetorical question but it’s frustrating that we can’t take action as it’s not different that someone trespassing our property and illegally occupying. Tomorrow anyone can move in and claim it’s theirs and the only defence is fighting a length and expensive court battle.
Asked 3 months ago
The due process of law has to be followed which is inevitable.
As you have issued a legal notice to vacate, your case will be stronger
You cannot take law into your hands and forcibly evict licensee
you have to follow due process of law and file eviction suit
- Your frustration is not just rhetorical, it quite practical and justifiable. Law can help only those who make use of it.
- After having lawfully entered into a property if anyone remains there unlawfully, he commits offence of criminal trespass under Section 441of Indian Penal Code, 1860 and Section 329 of BNS. Punishment of such offence is imprisonment up to 3 months and fine of 5K. Offence is cognizable but police will hesitate of register complaint. File a criminal complaint in the Court of Magistrate before she files any complaint against you. You can neutralize all her actions.
- File a civil suit under Section 15 (g) of Maharashtra Rent Control Act seeking possession on the ground of bona fide requirement. Both cases can go together. Better option is to file criminal complaint
You will have to file an eviction suit before the competent authority under the Maharashtra rent control act
It's a summary procedure
The tenant will have to seek leave or permission of the court to defend the eviction action
Only if she is able to raise triable issues , will she be allowed to file her defense , otherwise the court will pass a judgment in your favor if the necessary ingredients under the relevant section are met
The tenant cannot be called a trespasser
She is a tenant holding over
The landlord would be entitled to claim damages of double the amount of license fee for the period of overstay by the tenant
Adequate protection is provided to the landlord under the act
So your rant is completely unnecessary
The rule of law /due process of law has to be followed
Police has got no jurisdiction in this matter. It's a civil dispute
- As per law, the police has no right to interfere in such civil nature of cases.
- If you have already terminated the tenancy after sending a legal notice , then you can file an eviction suit on the ground of bonafide requirement
Please do not leave unwarranted comments in my comment box or else I will have you booked under the Information Technology Act for trolling
You have no business to use words like disgrace
I stand up for the integrity of the profession and hence I honestly gave my view that your rant in your follow up was completely unnecessary
One more comment and I will ensure that you are brought to book as the words used by you are on the wrong side of the law. So don't invite trouble for yourself
Admin - please delete this person's question from my profile page so that I stop getting his follow up queries and completely unwarranted comments in my comment box
Thank you everyone for your guidance!
Asked 3 months ago
Thanks for your appreciation
- If you have already terminated the agreement after sending a legal notice , then her possession in the said tenanted premises is just like a trespasser.
- Hence, you can claim compensation from her in the said eviction petition as well.
You are welcome for your appreciations.
Dear Client,
Under the Indian Law, the Leave and License agreement only gives temporary rights over the premises, and the license shall vacate the same upon notice. As you have already given the required 30-day's notice and are over that period the tenant has overstayed, so you can file an eviction suit in the respective court of Mumbai by stating the personal reasons, like your parents' health. Police may be called in to enforce law and order if the tenant threatens harassment but cannot be directly evicted without a court order. Filing of eviction suit is required to enforce vacating of the property, and the procedure can be shortened with proper reasons.
Thank you.Hope this answers your query.
Not interested in your stupid rating. Clearly am not here for that.