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Tenant Agreement From Feb 23 (22 months)
18-Oct-2024 (In Landlord/Tenant Law)
Oral rent - 8000 and Depost 25000 (received)
Aggrement rent 2500 and deposit 10000
House-Row House(Hall,kitchen on ground, 2 bed rooms on 1st floor)
Aggrement clause- 1 Hall,kitchen and space around in use for tenant (but uses all 4 rooms)
Tenant not paid 5 months rent and light bill too.
Apart from rent nonpayment , Can I evict him with legal notice based on reason that I am moving to that house and I need it. What are the actions he can take based on this reason
Under the Maharashtra Rent Control Act, you can proceed to evict the tenant for the following reasons:
Non-payment of rent: Since the tenant has not paid rent for five months, you can issue a legal notice under Section 12 of the Maharashtra Rent Control Act. This section allows landlords to seek eviction on the grounds of non-payment of rent. You must provide a notice specifying the amount due and give the tenant a reasonable time to pay.
Personal use: If you intend to move into the property yourself, you can also invoke Section 13(1)(g) of the Act, which allows for eviction if the landlord requires the premises for personal use. You must clearly state your intention to occupy the premises for your personal residence in the eviction notice.
The tenant may respond to your eviction notice in several ways:
Payment of rent: The tenant can choose to pay the outstanding rent within the notice period, which may allow them to avoid eviction.
Legal challenge: The tenant may file a suit against the eviction notice in the Rent Control Court, arguing that the notice is invalid or that you do not have legitimate grounds for eviction.
Dispute personal use: The tenant can dispute your claim of needing the property for personal use, especially if they believe you do not genuinely intend to occupy the premises.
Helpful?
Adv. Rohan Venkatesh Yemul
Mumbai | 100+ Answers
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Well, you can certainly evict your tenant on the basis of your Bonafide Requirement, i.e, for using that Property on your own for some beneficial purpose for yourself. However, to evict him on this reason, you need to give him a notice in advance.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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