Tenant doesn’t want to vacate property
8 months ago
I am the owner of a delhi registered property under GPA registry and knowing a tenant I gave my property on rent without rent agreement and now I have been asking the tenant to vacate the property from last one year, but they doesn’t want to listen to us
We have made certain police complaint, but nothing has been done and after our much pressure, the tenant gave me a normal letter undertaking to vacate the property in next 2 months, but that too pass 6 months and the tenant doesn’t want to shift from my property and hence kindly give your valuable inputs
A.Dear Client,
In the absence of any rent agreement or leave and license agreement or lease agreement that governs the relationship between a tenant and landlord it sometimes proves very difficult to evict a tenant from a let-out premises and taking the advantage of that lapse on the part of the land owner, tenant tries to defer the eviction process and keep the possession of the let out premises even without payment of rent. In your case, when after long persuasion, you got a letter from the tenant informing/promising you to hand over the vacant possession of let-out premises after a certain period, that piece of evidence alone proves the relationship between you and the tenant. So, on the failure of that written promise and the expiry of the said period, you need to file an eviction suit against the tenant in the Civil Court having jurisdiction over the property to get back the vacant possession of the property. So, reach out to an Advocate for guidance and steps.
In the absence of any rent agreement or leave and license agreement or lease agreement that governs the relationship between a tenant and landlord it sometimes proves very difficult to evict a tenant from a let-out premises and taking the advantage of that lapse on the part of the land owner, tenant tries to defer the eviction process and keep the possession of the let out premises even without payment of rent. In your case, when after long persuasion, you got a letter from the tenant informing/promising you to hand over the vacant possession of let-out premises after a certain period, that piece of evidence alone proves the relationship between you and the tenant. So, on the failure of that written promise and the expiry of the said period, you need to file an eviction suit against the tenant in the Civil Court having jurisdiction over the property to get back the vacant possession of the property. So, reach out to an Advocate for guidance and steps.
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A.In India, the landlord-tenant relationship is governed by various state-specific laws, and it is crucial to follow the legal procedures to ensure your rights as a property owner are protected. Here are some steps you can consider:
As per the Delhi Rent Control Act, 1958, if you have given your property on rent to a tenant, even without a written rent agreement, certain provisions of the Act would still apply. Here are some key points to consider with reference to the Delhi Rent Control Act, of 1958:
Tenancy Relationship: In the absence of a written rent agreement, the tenancy is generally considered to be a "month-to-month" or "verbal" tenancy. Under such tenancy, the tenant is required to pay rent to the landlord on a monthly basis, and the landlord has the right to ask the tenant to vacate the property after giving the required notice.
Notice Period: Under the Delhi Rent Control Act, 1958, a landlord is required to give a notice of at least 15 days to the tenant for eviction in case of a month-to-month tenancy. The notice should be in writing and specify the grounds for eviction.
Eviction Grounds: The Act provides specific grounds on which a landlord can seek eviction of the tenant, including non-payment of rent, subletting without permission, misuse of the property, and bona fide need of the property for the landlord's own use.
Filing an Eviction Suit: If the tenant refuses to vacate even after the notice period, the landlord can file an eviction suit before the Rent Controller or the Civil Court, as applicable. The suit will be heard, and the court will determine whether there are valid grounds for eviction.
Evidentiary Proof: In the absence of a written rent agreement, you may need to provide other evidence to establish the landlord-tenant relationship, such as rent receipts, utility bills in the tenant's name, or any correspondence indicating the tenancy.
Rental Arrears: If the tenant owes any rent, you may also claim rent arrears through the eviction suit.
Retrieval of Possession: If the court rules in your favor, it will issue an eviction order, and if the tenant still doesn't vacate, you may approach the authorities to retrieve possession with the help of the police.
Thank You
As per the Delhi Rent Control Act, 1958, if you have given your property on rent to a tenant, even without a written rent agreement, certain provisions of the Act would still apply. Here are some key points to consider with reference to the Delhi Rent Control Act, of 1958:
Tenancy Relationship: In the absence of a written rent agreement, the tenancy is generally considered to be a "month-to-month" or "verbal" tenancy. Under such tenancy, the tenant is required to pay rent to the landlord on a monthly basis, and the landlord has the right to ask the tenant to vacate the property after giving the required notice.
Notice Period: Under the Delhi Rent Control Act, 1958, a landlord is required to give a notice of at least 15 days to the tenant for eviction in case of a month-to-month tenancy. The notice should be in writing and specify the grounds for eviction.
Eviction Grounds: The Act provides specific grounds on which a landlord can seek eviction of the tenant, including non-payment of rent, subletting without permission, misuse of the property, and bona fide need of the property for the landlord's own use.
Filing an Eviction Suit: If the tenant refuses to vacate even after the notice period, the landlord can file an eviction suit before the Rent Controller or the Civil Court, as applicable. The suit will be heard, and the court will determine whether there are valid grounds for eviction.
Evidentiary Proof: In the absence of a written rent agreement, you may need to provide other evidence to establish the landlord-tenant relationship, such as rent receipts, utility bills in the tenant's name, or any correspondence indicating the tenancy.
Rental Arrears: If the tenant owes any rent, you may also claim rent arrears through the eviction suit.
Retrieval of Possession: If the court rules in your favor, it will issue an eviction order, and if the tenant still doesn't vacate, you may approach the authorities to retrieve possession with the help of the police.
Thank You
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