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Legal procedure for eviction of tenant after expiry of rent agreement


The tenant is over 60year old and lives alone in our 1BHK flat. The agreement expires on April 31st and we do not wish to renew it. If he stays beyond the said period of the agreement, how to evict him? Will the police be any help because the said tenant is a senior citizen? Also, beyond the expiry date, can we shut off electricity and water lines to ease eviction? We plan on executing some construction and repair work, so can we enter the premise and start working regardless if he is within the premise or not?


Answers (4)

No you do not try to enter into his premises for any construction or repairing work. and Not to shut off electricity and water line which is very essential for mankind. If you do it, then he can lodged FIR against you and you will go into the BAR. First you should issue a Legal Notice for eviction from your rented premises. and after elapsing the time as per Agreement, you should go before the Civil Court for Eviction.


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If you cut off electrucity and water, you will surely go to jail. First of all, you have to go through your tenancy agreement and read it carefully, if there is any clause of renewal of agreement. If yes, see what is the clause, does it say after expiry of tenancy the tenant is bound to hand over the possession to landlord? Or does it say, after its expiry the agreement will be automatically renewed. If it is 1st one, you have a good ground to evict. Secondly, suppose your agreement expires, but after that you accept any month's rent, it will be treated as implied acceptance of renewal of tenancy, so dont accept any months rent. There are some grounds for eviction of tenant like, defaulter of payment, addition alteration of building, act of waste, and many more but you have to give a notice of eviction before filing a suit.

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Just give the tenant in writing that after the expiry period your agreement will not be renewed and to look for a new place to live. Still if your tenant does not evict you have to file an eviction suit against your tenants.

You can file criminal case against him for using your property without your permission. You need to come to our office with all documents so that we can provide you the best possible remedy for your problem


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