Tenant refusing to vacate the house after 10 yrs. How to remove them?


Our tenants keep postponing / refusing to vacate our house despite regular reminders. I own a house back in Kanpur (U.P.) and my father bought the property in 1990 and built it in 2 years. We rented out a portion around 10 years back and the tenants keep postponing / refusing to vacate. My widow mother lives alone in the main portion.

 

We need some legal advise as to what are her rights that we can use in her favor. We are open to using the house / property for any purpose (for her). The property is in the name of my mother and my brother.

 

Answer

 

You can prefer an Application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of the tenant on the ground that your mother bona fide requires the said premises occupied by the tenants for earning her livelihood. 

 

Section 21 clearly provides that the Rent Controller may pass an order of eviction of tenant if it is satisfied that the building is required by the landlord for occupation of himself or any family member either for residential purposes or for the purposes of any profession, trade or calling.

 

Your mother can claim that she is an old widow and her children are not taking care of her and therefore the said premises is required by her to start a vocation and become financially independent. 

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Landlord/Tenant Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
34 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Landlord/Tenant Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Document Review - Lease Agreement Residential Property

4.6 | 132 ratings
Review + 30 Min phone call - Residential Lease review by a local experienced advocate
Legal Notice for Tenant Eviction

4.6 | 361 ratings
30 Min Intro call + Start to finish help
Document Review - Lease Agreement Commercial Property

4.4 | 152 ratings
Review + 30 Min phone call - Commercial Lease review by a local experienced advocate
15 Minutes Landlord / Tenant Advice Session by Phone

4.7 | 498 ratings
Legal advice and answers from a local experienced advocate about your landlord / tenant issue
Lease Agreement Drafting - Commercial Property

4.7 | 188 ratings
30 Min Into call + Start to finish help - Commercial Lease agreement drafted by a local experienced advocate
Registration of Lease Agreement

4.4 | 102 ratings
Registration of lease agreement through a local experienced advocate
Legal Notice for Refund of Security

4.8 | 389 ratings
30 Min Intro call + Start to finish help
Lease - Residential Property

4.8 | 271 ratings
Residential Lease agreement drafted by a local experienced advocate
Similar questions

Since we bought Additional House and now stay partly over there and for few weeks of month over the old house which is under landlord system... Lately…

Read More

MY FATHER RUNS A SMALL SHOP SINCE 30 YEARS, FROM TIME THE PERMISSION WAS GIVEN BY THE LANDLORD OF THE SPACE, WE HAVE BEEN PAYING RENT CURRENT BILLS ET…

Read More

I had purchased the house, previous owner of the house continued stay in the house and he has agreed to vacate the house after 3 months of registratio…

Read More

One person was taken my house for rent and disnt paid rent for 3 months. Then he went some where and we have given him 6 months time to vacate by payi…

Read More

Talk to a lawyer for your legal issue