Legal Question in Real Estate Law in India

How to vacate my tenant?

Hello,

I own an appartment in Chennai.

I have let out the flat to an officer in TN Govt.Secretariat duringJan2000,but without any written rental agreement.Iam a bank officer transferred to Chennai and Irequire my flat 'immediately'for my bonafide occupation.Though I have informed him orally on April4th to vacate for my house,he is making delay in vacating and saying that only after he gets a suitable appartment he will vacate. Since I have to bring my belongings from the old place of posting to Chennai, I have requested him to spare one room in my flat to _dump_the things untill he vacates and he has agreed. Moreover, he is in'arrears'of the rent from April2002.Would you please explain whether this is okay in the eyes of law, and if this is any trap by my tenant.If there are any complications,please let me know.


Asked on 5/21/02, 1:21 am

1 Answer from Attorneys

Ramaswami Natarajan Ramaswami & Associates

Re: How to vacate my tenant?

I do not think that there is any trap. Before going into questions of law, some of fact as I understand them from you.

1. Your tenent has agreed to vacate

2. He has agreed to deliver possession of one room to you for dumping your things.

3. He will vacate if he gets a suitable accomodation.

This is what I get from your mail.

Now

What is the area in which the apartment is located?

What is the rent?

What is the advance?

Tell him if the apartment is vacated within a month, you will pay the broker commssion to him for getting a suitable apartment. This is one inducement that could work. Legally it will take a lot of time to evict him. This is the best way to handle this. Oral or written agreements are not much different here except that he can boost the advance amount paid by him and you can question that or you can reduce the amount paid. I think he would have any way paid the advances through cheque and rents also by cheque to you. So there will be enough proof for all these things.

I don't see any trap. Interact with him peacefully and get things done in a calm way.

You can not get "immediately" any thing by legal process. So you need to handle it with tact.

Best,

N. Ramaswami

Advocate

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Answered on 5/21/02, 3:52 am


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