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How to deal with non cooperative tenant


04-Jun-2023 (In Civil Law)
I have a problem in evacuating my tenant. We legally have no agreement and everything is settled orally. The tenant refuses to vacate and haven't yet paid 4 months of rent. If we question them they are creative a nuisance in the neighborhood and engage in a quarrel. We are so disturbed.Please suggest us the legal way to sort out the issue.
Answers (4)

Answer #1
935 votes
Hi
Since there is no rental agreement and that he has not been paying the rents,electricity and maintenance the options available to you are
a) You may approach the court and get the tenant evicted through court which might take a long time.
b) You may break open the lock in front of some respected elders, collect all his personal belongings and after making an inventory of his goods in the form of panchanama and keep them aside. Though this option has no legal sanctity, it is perfectly legal to take back possession of your property as there is no legal agreement and that the tenancy is on a daily basis and hence the owner can forcibly evict the tenant who has defaulted on rent. Even police cannot take action on you as the tenant is construed as a tresspasser in your property.
Answer #2
634 votes
You have to file a petition before the District Munsif Court, under Rent Control Act, stating the reasons for the eviction, such as non-payment of rent, wanted for personal occupation, want to be demolished due to the age of the building , etc.. This case is well known as R.C.O.P. Then the court will examine the genuiness of your claim with reference to his objection and pass orders accordingly.
Answer #3
623 votes
You can file a case before the civil court to evict ur tenant under the rent control act and prove ur ownership and ask a remedy for eviction of the tenant and give u possession of the property the court will hear u and pass orders after trial
Answer #4
612 votes
Hi,

1. You can send a legal notice to evict the tenant from your peoperty.
2. You can file police complaint for the nuisance he has created
3. You can initiate proceedings by filing an rcop to evict your tenant.

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