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How to evict the tenant as he is causing a lot of problems
12-Oct-2023 (In Property Law)
We want to evict our tenant as he is causing a lot of personal problems like entering our premise without our permission especially when we take our baths and the women are not clothed (not just a coincidence. Has happened more than 10 times) and he also is a sly person. We also want to pursue with some renovation work in the flat. He is an old man and has been staying there since 2010. His agreement was renewed in May, 2015. It will expire in 3 yrs from the date of renewal. On what grounds can the eviction be made? And how many days notice period should we hand him? Also, his late wife's relative is a member of a political party and has decided on interfering in this matter on the grounds of him making a "promise" to his late wife that he will take care of this old man. He hasn't directly threatened us but has said "in case of you not letting him stay there we definitely will have to make some arrangements and we will make sure he stays there itself." How to proceed with the eviction
Since you let out the flat, there should be a tenancy agreement.please go through the relevant provisions related to termination of tenancy​ and act upon accordingly.As regards, nuisance being encountered by your family, lodge a complaint with the police authority.An eviction​ notice to be served upon your tenant by the authorised person (the land lord) in accordance with applicable tenancy agreement clause(s). The above suggestions are based on the presumption that the land lord tenant relationship is founded on the extant tenancy law.For further instructions contact lawRato.
Helpful?
Adv. Goutam Majumder
Kolkata | 200+ Answers
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Sir
You have to first make a notice for eviction with a notice period of 1 month as it is compulsory under the W.B.Premises Tenancy Act.
By bare looking into your query , I can suggest take two grounds one necessity of the flat for your personal/family need (this you have to discuss with the lawyer), as it you require to give strong prove. As soon again the tenant makes the nuisance by entering into your private area when any woman is taking bath, you at once inform the police by filing a GDE. Before that you create a situation by which your neighbor and local club get inform. Thereafter you lodge a GDE.
This must be in a series of action.
You take a consultation with the lawyer to prepare your grounds serially.
Referring Section 6(1)(i):" where the tenant or any person residing in the premises let out to the tenant has been
guilty of conduct which is a nuisance or causes annoyance to the neighbors including
the landlord" for your help.
Please feel free to make further query.
Thanks
You have to first make a notice for eviction with a notice period of 1 month as it is compulsory under the W.B.Premises Tenancy Act.
By bare looking into your query , I can suggest take two grounds one necessity of the flat for your personal/family need (this you have to discuss with the lawyer), as it you require to give strong prove. As soon again the tenant makes the nuisance by entering into your private area when any woman is taking bath, you at once inform the police by filing a GDE. Before that you create a situation by which your neighbor and local club get inform. Thereafter you lodge a GDE.
This must be in a series of action.
You take a consultation with the lawyer to prepare your grounds serially.
Referring Section 6(1)(i):" where the tenant or any person residing in the premises let out to the tenant has been
guilty of conduct which is a nuisance or causes annoyance to the neighbors including
the landlord" for your help.
Please feel free to make further query.
Thanks
Helpful?
Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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Dear client,
As per the details given by you I would suggest you that you have to first clarify that whether he is a tenant or licencee because most of the laymen are confused in that matter and if he is tenant then in that case you have to issue him one clear month notice seeking his eviction on the grounds as you have stated and after elapse of the said notice period you can file a suit for his eviction. and as far political influence is concerned I would like state that even the prime Minister of this country is not above the law then what is the status of a petty political worker . You take shelter of law and you will definitely win just have patience.
As per the details given by you I would suggest you that you have to first clarify that whether he is a tenant or licencee because most of the laymen are confused in that matter and if he is tenant then in that case you have to issue him one clear month notice seeking his eviction on the grounds as you have stated and after elapse of the said notice period you can file a suit for his eviction. and as far political influence is concerned I would like state that even the prime Minister of this country is not above the law then what is the status of a petty political worker . You take shelter of law and you will definitely win just have patience.
Helpful?
Adv. Vikram Ojha
Kolkata | 200+ Answers
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