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Tenant is not vacating the premises on time
21-Jul-2023 (In Landlord/Tenant Law)
i have rented my building to union bank of india.the rent agreement has expierd on 2011 only .because of their request i had given them a permission of 5 years and they too had agreed that after 5yrs they wil vacate.and this was an oral discussion no agreement was made fr these 5yrs.as per how we discussed this may that is 2016 may they had to vacate.though there are many other properties available they are rejecting those giving one or the other reason ..and from past 8mths they are telling that our head branch is in mumbai nariman point we have sent the issue there they have to give feedback
If the tenant refuses to vacate the leased property even after the expiry of the lease, the rent agreement will be upheld. The rights of landlord and tenant will be governed by the rent agreement.
If the tenant refuses to vacate after the expiry of the lease then you may move to the court and obtain an order of eviction against him.
The rent will have to be paid by the tenant in the court once it is assessed by the court. Failure to comply with the order of paying the rent will invite immediate eviction.
In case any eviction, the following steps need to be taken:
1. Determine the reason for eviction. In the above case, the reason was the end of the tenancy period and the need for the owner to move into the property.
2. Provide the tenant a registered acknowledgment due eviction notice. Once the recipient receives the letter, he/she will have to acknowledge the acceptance and you could keep this as a proof of the acknowledgement.
3. In case the tenant refuses to move out, using the above acknowledgement letter and rental agreement, you can file a lawsuit.
However, any illegal measure taken by the owner like changing locks, entering the premise without permission, cutting essential utilities, taking any form of retaliatory actions, trying to force out the tenant, etc. might work against you in the court of law. Moreover, such steps can turn out to be more serious as in some such cases, the tenant can file a criminal case against the landlord.
If some of the following conditions become applicable, then it is possible for the current owner to file an eviction letter based on the rules mentioned in the rental agreement.
1. Rent not paid by the tenant for a period more than 15 days or the period mentioned in the rental agreement
2. Occupation of premises by someone other than the tenant especially if such occupation is over a long period of time without the consent of the landlord.
3. Using the property for some purpose other than that mentioned in the rental agreement.
4. Any significant material damage to the property. The owner can always insert a clause in the rental agreement based on which any such structural changes will be fined and held from the initial deposit. However, the deposit should be high enough to cover all such costs.
5. If the tenant creates a problem which leads to objection from others in the building.
6. If the unit is required by the landlord for self-occupation
7. If repairs need to be carried out that affect structural integrity of the building and can be carried out only after all the current tenants move out. However, once the repair is finished, the tenant has the right to enter the premise.
8. In case of demolition of building due to some fatal construction error or age of the building
If the tenant refuses to vacate after the expiry of the lease then you may move to the court and obtain an order of eviction against him.
The rent will have to be paid by the tenant in the court once it is assessed by the court. Failure to comply with the order of paying the rent will invite immediate eviction.
In case any eviction, the following steps need to be taken:
1. Determine the reason for eviction. In the above case, the reason was the end of the tenancy period and the need for the owner to move into the property.
2. Provide the tenant a registered acknowledgment due eviction notice. Once the recipient receives the letter, he/she will have to acknowledge the acceptance and you could keep this as a proof of the acknowledgement.
3. In case the tenant refuses to move out, using the above acknowledgement letter and rental agreement, you can file a lawsuit.
However, any illegal measure taken by the owner like changing locks, entering the premise without permission, cutting essential utilities, taking any form of retaliatory actions, trying to force out the tenant, etc. might work against you in the court of law. Moreover, such steps can turn out to be more serious as in some such cases, the tenant can file a criminal case against the landlord.
If some of the following conditions become applicable, then it is possible for the current owner to file an eviction letter based on the rules mentioned in the rental agreement.
1. Rent not paid by the tenant for a period more than 15 days or the period mentioned in the rental agreement
2. Occupation of premises by someone other than the tenant especially if such occupation is over a long period of time without the consent of the landlord.
3. Using the property for some purpose other than that mentioned in the rental agreement.
4. Any significant material damage to the property. The owner can always insert a clause in the rental agreement based on which any such structural changes will be fined and held from the initial deposit. However, the deposit should be high enough to cover all such costs.
5. If the tenant creates a problem which leads to objection from others in the building.
6. If the unit is required by the landlord for self-occupation
7. If repairs need to be carried out that affect structural integrity of the building and can be carried out only after all the current tenants move out. However, once the repair is finished, the tenant has the right to enter the premise.
8. In case of demolition of building due to some fatal construction error or age of the building
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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