Hi We have 25 year old commercial shopping complex in a good locality based in tamil nadu and there are around 15 tenants (13 tenants are individual proprietorship based small shops, 1 is restaurant taken by LLP entity and 1 is phamacy pvt limited company )- Most of them have been tenants for 15 years. Our plan is to vacate the tenants, demolish this shopping complex and reconstruct and let it out for large format shops. We normally sign 11 months agreement and tenants are unwilling to vacate after the agreement even if we are ready to offer compensation to move to other place. Since the rent is very nominal compared to neighboring places and they have been occupying for 15 years, they deny to vacate. with the intention to vacate legally leveraging the new tenancy act, all the recent renewals with the existing (for 11 months) and registered in tenancy portal and initiated eviction case against 4 of the tenants (post the agreement duration) under the new tenants act "The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017" . We have sought eviction on the grounds for using the shop for personal (owners use). the tenants are unnecessarily dragging the case- after the initial 2/3 adjournments , our advocate is filling memo to expedite the case since as per the act the case need to be completed in 90 days . Complex owner is my father who is 76 years old and we have stated this also as reason for speedy execution in the memo filed. But desptie this, we see each case could take atleast 8 months to 1 year to complete and even if we win the case, tenants are ready to appeal in higher court just so that they can keep enjoying the property. Tenants intention is that they will keep dragging the case so that we give up on them and let them continue. I'm humbly Seeking your legal opinion - 1. for the upcoming renewals (after the completion of currently) - is there any alternate form of agreement (corporate agreement or license agreement) we can sign up with the existing tenant that will enable us to speedily vacate through police. 2. Is there any way where we get proactively intiate eviction court proceddings like 6 months before agreement date asking for judgement to vacate the property at the date of closure of agreement 2. Does leave and license agreement help the landlords to take over possession immediately after the agreement expiry and what is the procedure to enforce this at the end of agreement duration 3. In case if we have vacate all the tenants (after their respective tenant period) at once sighting reconstruction as reason - how can we proceed with that - our build is 25 years and can we get structural engineer opinion to demolish the property or can we sight reconstruction for our business purpose and file eviction. can the tenants file suit to stall this plan please let me know if there are any other suggestions to easily vacate the property by drafting the renewal agreements in favour of us
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1) police would not intervene as it is a civil case
2) you have to follow due process of law and file eviction suit
3) even on expiry of leave and licence agreement if licensee fails to vacate you have to file eviction suit
4) if building is in bad condition obtain structural engineer certificate that premises are in dilapidated condition and request tenants to vacate
1. Police cannot interfere in civil nature cases , and hence you cannot take assistance from the police even they will sign the same.
- However, such admission can be produced before the Court for vacating them.
2. This depend upon the burden of the Court to give time on that eviction case , however if there is much delay then you can approach the higher court for directing the trial court to finish the matter within a short period of time.
3. You can declare the building as dangerous after approaching the municipal corporation , and then the said authority can evict the tenant on this ground.
Dear Client,
Here is the possible response to your queries
1. Agreement Form: The leave and license agreement throws the tenants out of the premises sooner without any rights but also offers police assistance in retrieving the property when the license term expires.
2. Proactive Eviction: Normally, eviction proceedings rely on valid grounds on or after the lease expires. Thus, pre-expiration filing is hard.
3. Leave and License: It makes it easier to obtain eviction upon expiry of the agreement through legal notices and, if required, filing for repossession in court.
4. Rebuilding-Based Eviction: You can file an eviction case based on the fact that rebuilding is proposed under the Tamil Nadu Rent Act, with a structural engineer's report for the demolition purpose. Tenants may claim but the court is likely to accept landowners' petitions claiming genuine rebuilding purposes.
Thank you.Hope this answers your query.
1. If you are not willing to accommodate the tenant anymore then there is no question of renewing the rental agreement after expiration of the current tenure.
The police will not interfere in the rent control matter since it is a civil matter.
2. There is no provision in law to enforce your desire in this regard, you may have to follow the procedures of law.
3. You have to file an eviction suit under the latest law in this connection which is the best option before you since your rental agreement is renewed periodically by a registered document,
You can cite that demolition and reconstruction as the ground for eviction
1. Impossible. One has to follow the due process of law.
2. Eviction can be initiated from the date of expiration of the agreement.
3. Tenant has to voluntarily vacate. Issue notice in advance.
4. Adjournment is a bane in the legal system, however, it has to be opposed every time.
Bear in mind that the court will look into merits of both sides to render justice.
G.Rajaganapathy
Advocate,
High Court of Madras
