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Home / Legal / How to evict a tenant having no rental agreement staying there for 20 month
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How to evict a tenant having no rental agreement staying there for 20 month

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1 2021-10-25T16:50:59+00:00
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You need to consult a lawyer. The process is you need to serve the tenant an eviction notice under section 106 and after that file an eviction suit in court. The Unfortunate part is the status of Indian courts are such that getting an eviction order can take years but there is no other proper course of action a landlord can take. I have heard a lot of tenants hold landlords to ransom and ask for money to vacate their place.

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0 2021-08-16T16:27:09+00:00
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Hey, 

It’s a big dilemma when

tenant not vacating no rental agreement India. How do you even proceed?

Ideally in a situation where there is a rental agreement written and recorded, landlords can give 30 days notice. Since you don’t have a written proof of the arrangement, it will be difficult to evict the tenant. 

But you can ask the tenant politely to vacate the premises. I assume you were both in an oral agreement therefore you still have some rights in place as per Indian law. But remember you cannot enforce the tenant to pay for any damages, if any.

You can also propose to enter into a lease agreement with the tenant to make it a legal arrangement. Thus after the agreed period of tenancy relationship is over, you can ask the tenant to evict. 

If you have the proof of receipt of the rent then it will be easy for you to prove that the tenant was indeed staying at your property. If you wish to pursue a legal case, this can help.

I would suggest you to contact a good lawyer and get this sorted if nothing works.

Good luck.

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