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Eviction of shop tenant and restore the shop to landlord
12-Feb-2026 (In Landlord/Tenant Law)
My grand father had given a shop for rent long back. tenant is not vacating and tenant is demanding money to vacate. how can i proceed to vacate the tenant? 1. no rental agreement, 2. tenant has not paid rent for 20 years. 3. tenant only paying electric bill, 4. old building more than 60 years and not in good shape.
Even if there is no written rental agreement, tenancy can be proved through possession and past payment of rent. Since the tenant has not paid rent for 20 years, this amounts to wilful default, which is a valid ground for eviction.
You cannot forcibly evict the tenant. You must follow legal procedure.
You may take the following steps:
Issue a legal notice demanding arrears of rent and calling upon the tenant to vacate within a specified time.
If he fails to comply, file an Eviction Petition before the Rent Controller (if Rent Control Act applies in your area) on grounds of:
Wilful default in payment of rent
Requirement for demolition and reconstruction (as the building is more than 60 years old and unsafe)
You may also seek recovery of arrears of rent (subject to limitation period; normally only last 3 years arrears can be claimed).
The tenant cannot legally demand money to vacate unless there is some agreement. That is only a mutual settlement matter, not a legal right.
Please consult a local advocate with property documents (title deed, tax receipts, EB card, proof of ownership) and initiate proper eviction proceedings.
Do not attempt self-help eviction, as it may create criminal issues.
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Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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