Can i evict a tenant that has not paid rent for more than 6 months and have harassed my mom and brother.
hi - My mom rented a portion of our property on the first floor to a tenant. it was 1.5 years ago and they didnt pay rent for 7 months. When we called the police, they said they will vactate by October 31st but didnt fulfill it. then they said november 10th, then 15th, then 25th and finally gave it in writing that they will vacate on November 30th. however, now the tenant is saying they wont vacate until december 6th. the tenant's relative hit my brother on his head wtih a stone. they also h
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Advocate Varun
Answered on 27th Dec, 2018
For the physical harassment to your brother you need to file a police complaint.
For eviction of property you can file an injunction proceeding in district court and legally make the court direct the police to ensure they leave the property by "xyz" date.
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Advocate Uttam
Answered on 17th Dec, 2018
You can file a eviction suit in order to get the tenant evicted secondly file a criminal case for hiting your brother .....
for any query or help feel free to revert back
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Advocate Mayur Krishna
Answered on 8th Dec, 2018
You can file for a land grabing case against your tenant and also for eviction. Along with rent dues.
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Advocate Rabi
Answered on 5th Dec, 2018
Yes, eviction can be filed on the basis of the facts you have stated.
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Advocate Kishan Retired
Answered on 5th Dec, 2018
Dear Sir,
Just issue a legal notice and file suit for eviction and get possession of the house along with arrears of the rent.
Please go to my Profile on this site (Myadvo) and Review and Rank me No.5 and call me for more legal advise.
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Advocate Kishan Retired
Answered on 1st Dec, 2018
Dear Sir,
It is too late get issue a legal notice under section 106 of Transfer of Property Act and file a summary suit for eviction. You will get.
Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
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