How to evict my tenant legally and quickly?
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- เผยแพร่เมื่อ 22 ส.ค. 2024
- I talk about using the Civil Procedure Code to your advantage to quickly get possession back from tenant.
I am a Delhi based lawyer.
You can send me your stories at amish.aggarwala@gmail.com
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Thousands of lawyers in India but only one true dedicated guy spreading awareness on law... Salutes to your passion...
True ...wish more advocates were as smart as you .
My tenant is a lady and has been misusing the law to stay since last two years.Being a female i feel bad to say that I would suggest to not to rent your house to a single lady at any cost because law wont support you and women tend to misuse the law more frequently these days.
Respect yourself and give stern deadlines to vacate the premises like 2 months. It's not like there isn't any other place on earth where she can move.
People don't respect your favor even if you allow them to stay for free for sometime, they'll shit on you later.
Did the same mistakr and paying now. The lady is not ready to move out of the house and she knows the law.
Property laws are neutral make a strong agreement and if opposite party doesn't leave after expiry file a criminal case for kabza
@@rupeyy300 hence first u should take a deposit from the tenant and make an agreement if after expiry of agreement the tenant doesn't leave then u can stop paying maintenance charges and file criminal cases for kabza which can help u in evicting tenants faster
@@mtvnodes8529 yes have an agreement in place but she has the support of a local corporator who has asked us to wait or take the court approach. Also can you please let me know how to file criminal case for Kabza? Dont have knowledge about it and what if the local police does not interfere due to the corporator?
every video of yours is so informative for everyone whether a law student, a lawyer or a layman. you covered the very basic psychology and mindset of people who do not want to go to court hahaha just like my dad. thank you so much for sharing your knowledge with us Amish sir.
Extremely useful sir. You covered a concept in 3 minutes, which is of utmost importance to learn about but was barely discussed in my property law class. Looking forward to now see your other videos :)
There are several groups who have great nexus with corrupt police, advocate and local politicians who won't vacate your property. How strange is to know that a landlord pays property tax, maintains and take care of his property and he gives the property on rent to earn some money out of it but this criminals had made so many loop holes in the system that they easily forge documents and threat the property owners of dire consequences.
agreed. documents can be forged easily and these mafias often threaten people
@@7amitkumar going thru the same bro..a tenant can easily file a suit saying the landlord harassed for rent..even if he didn't pay for 7 months..and now the landlord is liable to win the case just to get his property..
@@7amitkumar yea..eventually its the landlord who suffers..tenants always get a free run..based on caste community and flaws in law
@@rajathabib u should stop paying maintenance and cutoff light and water supply this would be helpful
if they are not vacating even after written statement to police.. send eviction notice then start case.. meanwhile put thick castor oil on step to slip, throw fecal matter inside window, hire ppl to steal motor , take overhead tank, take solar panels, hanging clothes.. that becomes theft by unknown.. (dont enter house or throw out their luggage )... cut wifi wire from far outside.. use catapult to break window pane.. it will shatter glass into inside.. if vehicle is there then puncture.. write case number on door so neighbors know the fraud tenants..start some construction/ repair/ painting and annoy them. Then Take their couriers. Leave rats and cockroaches inside. Break pipes, First evict their pets..
Dear Sir, your passion for work is remarkable....you are great ....I never forget to watch your videos....🙏🙏🙏🙏🙏
Unable to cut electricity and water.. when the govt workers went to disconnect the tenant said they are in possession. We are unable to evict
Waiting for the state government to pass the model tenancy act so that things go in smoother direction
How helpless lawyers and judges sound , " you can get an eviction order , but if you don't , judge will pass an order but if it doesn't , the tenant might vacate but if he doesn't ha ha .... matlab kuchh bhi kar lo , kismat hi prabal hai , judiciary joke hi rahegi ha ha....
a tenant took my brother's house for rent almost 3 months back and my brother lives outside of the city , we made a legal agreement of 11-months , but due to some circumstances my brother's job was no more and he is unable to bear the expense of the city (noida) basically , so they want to move in back to their home , we've already notify the tenant one month back to vacate the house on january 2022 , and he agreed on that time , but as the date coming closer the tenant refusing to vacate the house on the given time , and also saying that he's not sure when he'll move out , he also said whenever i get a new home i'll move out , so if he didn't get home for 1 year would we wait for 1 year , that is pure BS from his side .
1.) btw i wanna ask one thing that he didn't complete his 11 months , as it's been 3 months since he's living there , so can we still make him evict from the house , cause the homeowner/landlord i.e my brother wanna move in to his house with his family .
2.) also the tenant is also a kind of badtameez type , he doesn't talk properly to the landlord, and their relationship are not that great
Hii
Have you got your Property back?
@@gamesbond0074 i haven't contacted both for a while , but my brother's got another job in the same city so he cancelled his plan to move in to his house as for now , so i guess the tenant is there but he also didn't wanted to live that long (his own house is almost finish in construction) so maybe he left or on the verge of leaving the house , as for the rent he used to give it on time
1 month is quiet less for a tenant who just moved in and also has paid u rent on time. Give sometime if he has paid rent on time so far.
@@SiSi-ju1xk update that @sshole is still living there , and the agreement has expired way before this day , now he's asking that he'll vacate the house in march finally which i don't believe it cause he's worst than a chameleon so he'll make tantrums in march as well
Tentent lady hai?... Kiske naam se bna tha agreement??? Jb agreement bnta hai to usme pehle hi mention kiya kro ke 10 month me apko legal notice milega 1 month before eviction.... Aur kisi bhi tarha ka excuse nhi chalega ki new ghar mil nhi rha hai and all...
What if the defendant file reply within 30 days. How to prioritize in that case?
Sir iam from maharashtra owner of property. Tenant (lady)has filed RCS 460/2021 ( raigad district in panvel civil and criminal court ). We have filed 58/2022 in same court... Five years this tenant has never given rent.. now blackmailing us to give a big amount of money then only she will vaccate. Agreement was from march 2018 to February 2023. Pls suggest..
I have a property whose rent aggrement has expired but the tenant is refusing to vacate the property and also not paying the rent. Can I cut the electricity supply as the aggrement is expired now
no bro you can't cut electricity if it is not in your name. what's the current status now?
Same situation for me. But here flat is on my name and electricity is also registered on my name. So, can I disconnect electricity?
So when sec 5 SRA comes into picture?
On what ground court allowed to evict the tenant from landlord's property?
Landlord can file for eviction for various reasons
1.he/she or his/her family members needs the property for own use.
2.non-payment or late payment of rent.
3.Damaging the property.
4.constructing or changing something without any permission from the landlord.
5.Subletting (giving the property to another person) or sharing the property.
6.creating trouble, showing hostile nature and anti-social nature.
7.doing something illegal in the property.
8. the landlord wants to renovate, repair or develop the property.
@@PritamKumar-og3fn 9. Agreement Expired
@@mdf345 yes,
@@PritamKumar-og3fn I've also filed my eviction suit on the grounds of personal necessity and rent arrears in 2020 but mfk'in tenant is avoiding the summons till now
@@mdf345 It will reflect in his case too.
Just make sure you follow every procedure and stay in touch with your advocate.
Also if the party continue doing this then your case will be go exparte based hearing.
Very good information, sir can you tell me the court fee %on the dues in the TS state? Or where can I get that information?
Sir just a query I m facing similar s
Situation but in Noida West. Can suit for evection be filled in Delhi High court? If so what would be your fee!
NICE.LAWS ARE MADE IN BRITAIN AND IMPLEMENTED IN PAKISTAN AND INDIA.
ALL MUST EVICT HOMES ON NOTICES......
Subject- (No rental agreement as tenant has taken the room from the ex-owner of building.
I wanna reconstruct the building after his leaving but lodger isn't ready, even after having many properties of his own in nearby other places)
I have tenant who was lodger of a room in the building even before my purchase of that building (he was a lodger who had taken a room at rent from the ex owner of my building and even after my ownership of this small/old building he is still holding that room (he is owning 2-3 flats, a building, a bunglow kind of place and similar other assets)
Inspite of having many places to live, he is not ready to leave his lodged room of my building.
& Since he was lodging that room before I became the owner of this building, I don't have any year contract or so... with him for leaving that rented room.
Please help me out 🙏
What should I do ....
(He is only one who is there in my building as lodger , as similars along with him had left by taking money...)
I want to reconstruct this old building (after getting him leave that rented room)
In our case, our own uncle not vacating the home as we are not living in the same state and father is not physically well. The uncle is taking the rent from other tenant and challenging us to go to court. Our lawyer is saying it can go long as 5 or 10 years. That evil uncle and aunty saying we won't vacant go to court and do whatever. They know that it can take upto years. The land is in our name. But still the law can't decide and vacant the home fast.
sad 😞. what's the current situation now?
Cut electricity and water
@@questionmark8647 is it legal to cut electricity and water
hi .. i am old tenant of Nair Nahal, which is now a project Ruparel Iris , located at Matunga - Mahim, .it has been 12 years still awaiting for possession.
if any one can suggest any way out..
What if I have got some huge problems
It's not hard to pay for rent but! the landlord just wants to evict me for some weird reasons and just wants to evict me for no reason. Can he just do that?... and it's hard... like real HARD to find homes nearby like this, and all the hard stuff.
Yes he can. Its His house and his decision....
Sir, I have 15 such tenants 😢 can you guide me what to do? 11 kottah of land in a decent location in Kolkata .. tenants are living here for more than 30 years.. they are asking for 500 sq ft flats for each family if the property is developed 😢
Can I cancel room agreement before the time period?
agar property vaccate karne ka notice dene k kitne din tak khali hojana chaiye agar iske baad bhi woh log khali nahi kare toh kya action le sakte hai????
Very informative sir.one double is there if court give division in favour of landlord still tenet not evict house what is next step
If the court gives judgment mostly in favour of the landlord, then the tenant is bound to agree and act accordingly to the decision.
The tenant can challenge the judgement to the Higher Court upto the High Court.
But at any cost he/she is bound to accept the decision of the court.
@@PritamKumar-og3fn thanks sir
good one. one question - under which CPC i file the eviction case
Society by laws also can be suitably changed to address owner s concerns.. in consultation with lawyers ...
What about the owners not paying tenants' security amount back? When tenant handed over the property in a good way paying all the dues and property is maintained.
Sir after giving 1 month notice, agar uska saman bahar ker de to what can court do against landloard...its better tenant shd knock court door rather us...in this case at least we are holding our property if court impose a penalty that is always nominal...it is ok...what do u say
Good Question!!!😊
But as an owner not everyone can do gudagardi so it's little difficult.😂
Any advantage for tenant in case of heavy deposit not refunded for long time from landlord the expiry of agreement
Can I adjust my rent against security deposit given to landlord, I have already informed him that I will leave flat in next twenty days and my security deposit with him is more than two month rent
hello sir
I just want to ask I have given my property to future retail in rent . they have done the breach of agreement by nt paying rent of 7 months. what actions should I take against them
Hi Amish sir..i am an ardent follower of your channel..your content is greatly informative and enlightening. I wish to know sir , if I may crave your kind indulgence, in the event I make a electronic transfer of money to somebody(read in this case to my landlord) , am I legally obligated to also inform them separately of the transfer having been made..? Despite the fact that electronic transfers have a digital footprint and serve as their own proofs of transaction done.
Sir, What if the tenant agreement is not registered ?
According to new tanency act , instead of civil suite , these cases will go to Rent Control Authority headed by ADM of the district
Can you please share me the act or any link details of this please.
@@flywithtk just mention your state * "_____" rent act*
That's only for residential property not commercial
Excellent informative very well said the fact how to treat tenants...
Sir, I'm facing the same issue, it has been 18 years since the tenant is not giving rent. He used to say that he would vacate the premises whenever I say but now he is not doing such and creating a lot of problems. Can you please help me?
I think eviction suit
Agreement nhi banaya tha
18 years. Thats adverse possession.. u can lose ur property if u cant prove that he is tenant
@@SiSi-ju1xk really?? So what should be the maximum time to ask tenant to move out?
Hello Sir, I am an owner of a flat in Navi mumbai, I have given it on rent believing that the tenant is good enough and he will pay me on time my rent and all but its been 2 mnths he s till staying in my place without paying utility bills and rent as well. so i cannot understand how to remove this tenant he is a frauder and has multiple complaints against him, Request you to please help me on this. i sent him a legal notice its been one mnth he has not replied and also will file a eviction suit against him. request you to please advise on this.... i am a heart patient and also i cannot take this much stress he s just mentally harrassing me.
How can evict toxic sister's family from brother's own ( legally and financially owned) house ?
Thanks for sharing your experience. Helps a lot.
My tenants leave and license got terminated on September 2017 and still they have not paid me nor willing to move away from the premises.
I have sued them in the civil court for eviction and mesne profits. It is not working as these tenants are estate developers and they don't fear judiciary.
Corruption is rampant in Pune MH.
What if you cut the electricity and water from the house?
Hire local pehelwans
Did they vacate
What is the status?
@@montyi8if electricity is cut they will install in their name. Then later it will be difficult to evict them. As law, essential things cannot to stopped. Stop giving wrong advises.
we got a tenant who is a scammer. She wont pay remaining advance or rent or leave.. 5 months back we have police complaint but she keeps giving new reasons and she dint leave.. we now are sending notice and apply for eviction next month.. so next 3 years we have no rent and spending on court. Electricity and water not disconnected by authorities as the tenant claims she is living there. And we ourselves live in rented house in Bangalore
As always best one ❤️
if an owner asks a tenant to vacate the property within the lock in period, what must be done??
Why is Law is helping tenants, since the law is dragging the Tenants are mis using the premises also
Thank you so much bro.
Sir i am owner of a land and same case happening to me my tenants are not leaving and case is racked up for 5 years and still going on what should i do.
Hi Advocate Amish !!
Incase if the the agreement has been expired and if Tenant still continues to be staying at the place ... still does landlord need to move to the Court ... ? or can landlord in such case use a force to evict tenant without going to the court in such a condition ?
Still have to go to court
Cutoff water supply
Better is that you make a lease after expiry to some other person like ur friend, then hire some goons and evacuate your house that way the previous tenant can't claim possession again even if he go to police
@@mtvnodes8529 is it legal to cut water and electricity
Hi Ameesh, I would like to know about the rent allotment. I read it somewhere in the past that if rent is less than 2500Rs then tenant may be eligible for allotment of the rented premises after particular period of time. Could please provide some information regarding this. We have rented our premise for godown purpose and tenancy period is almost 12+ years as of now.
Under Transfer of property act, sec 106, you can vacate him. Time may take 1 to 2 years.
Hi sir, did your client get his premises back?
Namsthe sir,
Iam from Karnataka-Banglore. Kindly advise me. I was taking care of house of my neighbor he lives in kolkotta during the month of April I was out of station so I gave the key to my tenant saying him if anyone is interested for rent show them the house, meanwhile a person came in and asked for key telling that he has spoken to the owner from kolkatta and the agreement is done. He believed that person and gave the key but in the meantime the owner phoned me telling the agreement is not done he only paid 15 thousand token advance and now it's going to 8 months rent and maintance is not paid so far at the same time court notice is sent from kolkatta high court in the month of September the culprit has signed and taken notice from postman but not vaccating, so in the month of December 3rd owner came down to Bangalore approached local R T Nagar police station, police have warned and gave 15 days of grace period but still refuse to leave the house... Kindly advise
Scary
My tenant gave written statement in police station that she will leaves in 2months. Its 5months now. She keeps giving new reason everyday . Liar white lies.
Sir
Are you from which city
Hi Advocate Ameeshi, For my shop there is no rent agreement and tenant is using that shop for 10yrs . There is huge amount is due from his end and also not paying rent. I want him to vacate my shop but he is not doing. What are the step I can follow and how much time it will take to vacate him. I have all the necessary documents for property.
Same case here.. I also have a tenant in shop since 12 to 13 years and he is also not giving rent since past four years... currently filed and contesting.. what is your case currently?
I think law is not strict ..in India unlawful occupation beyond notice can only be contested in a civil court ..it takes years .. for resolution .. with so many hassle for the owner..
Hence law must recognise owners rights also .. and illegal occupation beyond six months can be incorporated in criminal law ..
If i were to hire you on a such case, how much it would cost me?..
I have issue in Bangalore City
Very informative 👍👍👍 Thanks
Hi, can a place of worship file an eviction suit under its name?
Do u have any sincere advocate in pune?
Sir please make some videos from the tenant's side also where landlord is not maintaining property, not allowing tenant to maintain, not providing rent receipt, not providing water or electricity, not providing sanitary services, not providing security, etc. and unofficially asking tenant to forfeit deposit/advance and vacate the place, that too in a commercial property.
Vacate the property.. if u dont like it .. shift out..
Leave mr.. landlord doesn't want u.. dont be a squater.. respect others property
Video is for people like you
Thanks a lot for the video sir
Kitney saal lagege tenant ko khali karney key liye.
Sir please suggest me ..bcz it reverse case the tenant is not vacating my house..I was lodged a complaint in police but police not taken any action but on my request police send pcr in my house but the tenant not obey to vacate and a injunction suit lodged against me not to permanently restraint..what can I do..plz give some suggestions sir
Eviction suit on the ground of personal necessity... what is the current case?
How to handle one eviction case where the tenant is professional fraud? 2 ladies are staying as tenant. They know law, so not responding to court summons, every time it is returned as door closed.
Hahaha!😂🤣
same here. my summons is also being returned as shop closed .what's the current status of your case? . did you get them summons served successfully?
@@mdf345 served hand summon
@@jyotiadhikary819 you yourself by hand served them the court summon?
@@mdf345 yes.
but my case is running since 2014!
For what purpose u filed a case ?
Now?
Well I suggest please don't give rent to anyone never even!..our tenants act and civil proceedings are bogus and always in favor of tenants. I am struggling since 2 years and tents are breaking the laws and living freely in my shop
nice thanks
My corrupt lawyer is dragging it from last 3 yrs and getting money from other party as well
Thanks Amish bhaiya
so many rules for a common man to get justice
You can also just not renew their lease agreement.
Order 8 rule 10 its 90 days not 30 days.
What to do if the Landlord has stupid demands like no rooms for Bachelors and no girls allowed if Bachelors are there ?
The word 'landlord' means itself owner and everything of the land.
So, it's his/her decision of you don't like it then don't live there leave and find something more suitable place with much freedom.
You have to maintain the peace, reputation of the housing society, flat, house etc, even though having a gf and visiting of GF in paying guest are not a crime but still you have to check your own agreement between you(tenant) & the landlord.
Cause for every good bachelor there are equal bad bachelors. Some run away without paying rent or damage to the house. Your GF will pay for your damages?
Just Move out if u have problems .. u r tenant not on forced bond
Sir what happens when the tenant dies...plz reply
their legal heirs will contest
@@mdf345 and will it continue till infinity?
@@akashsaha140 yes bro😢
Sir mere shops me tennat ne unko Bhai risteredaro ko bititha ke rakha han aur mere tenant ne mere upar civil suit Kiya uske bad Mena Mera shop lock and key kardiya lekin usne magistrate se order leke lock kulwadiya sir me abhi kya karu
what's the current status bro?
Vo log rent nahi de rahe aur yahi status ha
Thank u 💓
How much time court takes to resolve this issue???
Depends on the case and many factors like advocate client so anywhere from 2 to 3 years to 10+
Thanks
U didn't tell about if tenant replies with wrong accusations. The crooked lawyers are there to protect the crooks
Sir my tenant is widow and she has 2 daughter and one dog. And from three months there have not given me rent + ELERCITY. And i have register the complain in jansunwai app also then also police is not taking decision plz sir help me out from all these sir . I hope u will surely help me.
Give police 2000 and ask them to take written Statement from them that they will Vacate in 1 or 2 months
Update.. my tenant gave statement in police station that she will Vacate in 2m ..but its 5m now.. she won't leave
@@SiSi-ju1xk I have already given 5000 and I also have written statement but then also they r not ready to give. And now police is also not helping
@@rishirich72 if they are not vacating after written statement to police.. send eviction notice then start case.. meanwhile put thick castor oil on step to slip, throw fecal matter inside window, hire ppl to steal motor , take overhead tank, take solar panels, hanging clothes.. that becomes theft by unknown.. (dont enter house or throw out their luggage )..drug the dog with sleep medication like lorazepam 1 to 2 mg.. cut wifi wire from far outside.. use catapult to break window pane.. it will shatter glass into inside.. if vehicle is there then puncture.. write case number on door so neighbors know the fraud tenants..start some construction/ repair/ painting and annoy them. Then Take their couriers. Leave rats and cockroaches inside. Break pipes, First evict that dog..
What's the update now?
Stop this lecture my friend the best solution dont give yr house on rent very simple,b'cause advocate community have spoiled the atmosphere and taje money & prolong rhe cases for years this is the fact no one can deny that,
It's not so fast dear... It takes time
Use force not court!
Please help,
How to evict the tenant who is living for more than 25+ years with no agreement paper only with Rent slips. please help
Yes you can no issues a tenant is always a tenant... You can file a case on the ground of personal necessity.. or on rent defaulter if he is a defaulter in giving rent and if you have slips of every rent given by him
@@mdf345 please share your contact number sir
@@chaurasia9370 I am not advocate bro I am also like you landlord fighting eviction too
@@mdf345 ohh okay then also thanks for your insight
nice sir
मैं बिहार से हुं मैं किरायेदार हुं मेरी मकान मालिकीन 60 साल की है उसके पति 70 साल के है क्या पति के विंदु पर नीजी आवश्यकता (व्यापार करना) पर केस किऐ है खाली कराने का क्या इस पर कोई सुप्रीम कोट का केस मिल सकता है जो किरायेदार को मददगार हो?
Abhi bhi case chal raha h?
@@mdf345 yes
@@amitkumar-jr6ji Kitna din se chal raha aur abhi kaun se stage par hai
2008 से चल रहा है अभी गवाही पर चल रहा है वादी की गवाही हो चुकी है
Hi Sir,
We have a tenant who is not vacating our shop premises and the case is going on from last 21 years
I have a tenant owning our shop from 1994 and stopped paying from 2008. Now I will try bonafide requirement for this shop, finger crossed, lets see how it goes. Never be disheartened, keep fighting when we one is alive.
Same here 😭
@@technovariable831 Same here.. what's your current situation?
@@mdf345 I have sent rent notice, now filing a case under drc as the rent is less than 3500.
@@technovariable831 ok. in my case I also filled eviction suit in 2020 but till now tenant is not accepting the summons.
Sir what happebed to palghar sadhu killing case ?
Jadatar vakil hi jagaha Kali karne se mana karthe hain. court land owner ko tarikh per tarikh dekar maar dati Hain. Aise property pe kapja jamane sale advocate Karen registration number cancel ho aur jail ho. Hai koi court jo a karsakein? Chor advocate ne Meri shop per kapja Kiya Hain.
han bhai Agar advocate hi case Nahin lenge aise haramzado ka To yah log bhi case nahin karenge. waise aapka case ka abhi kya situation hai?
Thank you so much sir
My best wishes By Adv T E Barat Bushan S Accharya HC Chennai
Aap hindi hi bola karo, taki apki taqat bhj km lage aur hme bhi samjh ajay
Hindi mein bola hota sir , to acha hota
Hindi me bolo
Laws of india 😂😂😂😂😂 we think we are developed
Sir aapka no.milega
What about in slum area, I prepared the 11 months lease agreement and tenant is not paying rent and even not vacating room. Next month agreement is over. What should I do and court will support us to vacate room. Kindly help us
Court will not support to u very long process of court I m suffer from same problem