Q.1057 NRI rental property

question - Evict tenant

Question: Dear sir we own a housing board flat constructed 40 years ago. We let the property for renting in 2014 on 11 months contract which was signed by mother. we renewed the contract for further 11 months at the request of the tennant. Though it is a residential flat, the tenant opened a dental clinic there and had been running the same. We also realised that the agreement is favorable to tenant as he changed the word residential to commercial with out my mother's knowledge. The contract finished in December 2016. But the tenant is refusing to vacate and he has filed a case in the court not to allow an illegal evacuation. i have few queries 1. can we legally give a notice for the tenant to evacuate the property as the contract period has finished? We would like to occupy the property ourselves. 2. He is constantly seeking adjournment in the court and the process is dragging for 6 months. Is there any other legal route to evict him? ie. police complaint, no authorities permision to run a commercial business? Any guidance will be appreciated. Mr V Kumar Answer: Your email does not clarify many things such as:  What type of rental contract?  Is it leave & license agreement? Is the agreement registered?  If the tenant has changed the agreement arbitrarily at a later date then do you not have the original copy? While there is nothing to stop you from filing police complaint, I personally doubt it’s going to help you. If you have proof that the tenant changed the rental contract you could file a fraud lawsuit be consulting with a lawyer. Unfortunately l don’t have any good news for you. Your tenant can play the system and prolong this process for several years.

Generally in cases where lawsuits are

filed to evict tenants in India, here is

what happens:

 Tenant continues to use the rented premises  Tenant & landlord lawyers continue to make money, the longer it takes the more money they make. Lawyers may charge for each appearance at court even if their is no hearing and case date is changed by the other party.  Constant adjournments for various reasons are a common method used to delay cases for several years. As per available data from the National Judicial Data Grid as on June 27, 2017 there are 2,25,9476 cases pending that are over ten years old.  For NRIs to evict tenants from their Indian property while living abroad is an expensive and almost impossible affair.

Realistic Options to save time &

money when evicting tenant

 Don’t threaten the tenant with lawsuits, some tenants want you to do this as they know they can prolong the case for several years.  Talk to the tenant and try and compromise. Some money may have to be paid to entice the tenant to leave. In some cases tenant may even buy the property, though at a reduced price.  If nothing works, you may have no option but to sell the property at a reduced price and let the new buyer take care of the tenant.  Finally if you do have the time, money & lots of patience, then you can use the legal route and let the courts handle the case. It may take one, five, ten or perhaps even twenty years but eventually you will get your property. Hopefully at some point justice will prevail.