Smita Pani: Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

Wednesday, 27 July 2016

Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

Dear Guruprasad,

I am also residing in Bangalore and an owner as well. Your mail has moved me. At the ouset to get out of the rut you must catch hold of a good lawyer who will help you by filing petition in this regard. As rent is your only source of income. Having said that I want to know whether your agreement is a tenancy agreement or a leave and license agreement. You should only have leave and license agreement in which case the tenant can be asked to vacate in case he fails to pay rent.In case yours is a leave and license agreement then the following points of law would help you get the rent and vacation of the premises.

1. You have not clearly informed as to what agreement you have registered. Is it a 11 months leave and license agreement? or a Tenancy Agreement for a longer period?      2. No body can predict whether your businessman tenant will vacate your house after the period for which he has taken rent even after executing and registering an agreement,      3. Most of the cases of tenancy agreement the tenants refuse to vacate on various pleas basically because the rent of similar property gets hiked at a much accelerated rate,      4. In case of leave and license agreement it is easier to evict quickly,      5. In case of Tenancy Agreement, it takes years to get an eviction suit to be disposed off,      6. During the pendancy of any suit, the tenant deposits rent with rent control or Court.
A.R.R.Chandran

On Thursday, July 28, 2016 5:23 AM, "T N Parthasarathy tnp164@ymail.com [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com> wrote:

Be careful while selecting the lawyer. Nowadays

the lawyer appointed by us get in touch with the

opposite party lawyer and make a deal between them

to make money. Judges are also in collusion with

lawyers depending upon how much is paid. So be careful, very very careful.

On 20-Jul-2016, at 7:16 pm, "guruprasad prasad guru_gem48@yahoo.co.in [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com> wrote:

GOOD MORNING MY YAHOOITES,

i AM A 70 YEAR YOUNG CITIZEN FROM KARNATAKA.. i HAVE LET OUT MY HOUSE TO A TENANT WHO HAS STOPPED PAYING RENT AND NOT VACATING . i HAVE FILED A SUIT. THE JUDGE AFTER 15 MONTHS OF ARDUOUS BATTLE HAS AVERRED THAT SINCE THE CASE IS NOT UNDER h.r.c.(hOUSE rENT CONTROL) LAWS AND SINCE THE LEASE PERIOD HAS EXPIRED NO ORDER CAN BE PASSED FOR PAYMENT OF RENT IN TO THE COURT. iT IS FURTHER SAID THAT MY REMEDIES LIES IN SEEKING DAMAGES WHICH IS AFTER THE CASE IS DECIDED.

THE LEASE EXPIRED 24 MONTHS BACK. TtHE DEFAULT IS FOR OVER 24 MONTHS. THE CASE HAS RUN FOR 15 MONTHS. i DEPEND ON RENT FOR MY LIVING. iF I HAVE TO WAIT FOR DAMAGES WHICH MAY REACH ME AFTER 20 FURTHER MONTHS OF COURT PROCEDURE, WHAT ABOUT MY LIVING ? AND THEN WHAT IS THE GUARANTEE THAT THE DEFAULTING TENANT WILL NOT GO FOR APPEAL.

ARE TENANCY LAWS ARE FOR THE BENEFIT, THAT TOO OF ILLEGAL OCCUPANTS ONLY ?. ARE THERE NOT ANY REMEDIES UNDER SUCH CIRCUMSTANCES FOR A HAPLESS OWNER ? FURTHER WHAT DIFFERENCE IT MAKES TO A ARBITRATOR IF THE SUIT IS UNDER H..R. C. LAWS OR NOT. THE BASIC GRIEVANCE IS ABOUT NOT GETTING RENT PAID.

CAN ANY ONE OF YOUR READERS HELP ME BY SUGGESTING WAYS AND MEANS TO GET OVER LEGALLY .

REGARDS,

YOURS DESPERATELY,

GURUPRASAD.