Tenant eviction on lapse of deed during corona
3 years ago
I had given my residential property on 11 month rent and a deed was got registered with registrar. The 11 month period ended on August 2019 but before the end of deed, the tenant died. He was survived by his wife and two son in his 30s. It was not right time to ask for eviction although the deed expired so I waited. In the month of December 2019 I asked her to evict the property, for which she requested for some time for finding a property. During this period, she always made late payment of rent and electricity/water charges. I warned her to evict. In the month of march, 2020, on outbreak of CORONA, everything changed.
Now I am asking her to vacate, for which she is saying that she is not able to find a property. She has not been paying rent from Feb 2020 onwards. She is also saying to forgo the rent during this period, since she is not able to garner any fund to pay.
In the above scenario, I wish to ask
what are rights of landlady;
Whether eviction notice can be given on the basis of old deed;
What action can be initiated for eviction of tenant;
It is not so easy. Let your land lady go to the Court and it will take 2 to 3 years in trial court then High Court it will take another 2 years. Fight leisurely.
Please give me Rank 5 if you feel my answer helped you.
Adv. Sarika Khude
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Rameshwar Dadhe
Responded 3 years ago
Suneel Moudgil
Responded 3 years ago
2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount and also for the eviction of the property,
3. rent agreement, chat, call records, WhatsApp record, if relevant, can prove your case and are admissible as an evidence