My relative had given the property on rent for last 40 years. The tenant is not paying the rent nor vacating?

My relative had given a house on rent. The tenant is neither paying any rent nor vacating it. Can a suit be filed in the court for eviction ? Somebody told that nothing can be done as he is in the house for last 40 years ? The property is worth 9 crs

6 Replies to “My relative had given the property on rent for last 40 years. The tenant is not paying the rent nor vacating?”

  1. Talk to them and ask the reason why they’re not paying rent and not vacating it.

    Just listen to them and request them to leave the place in short time politely as they’re staying there for around 40 years.

    If nothing works see their background support and act accordingly.

    P.S.: Going for court will take furhter more years. Then also we are not sure whether the result will support them or you.

  2. i’m not absolutely certain on the following advice, so please check with a lawyer. some of my advice contained below may be incorrect or not apply to the area in which you are living, but this is my general idea. i am a landlord, but i don’t know real estate law.

    you can give them a 5-day eviction notice to be out in five days.

    however, do not accept any partial payments from them, or that will give them a right to stay there longer.

    a 30-day eviction notice is necessary if you’ve been accepting partial payments without a lease, but you’re not required to accept partial payments.

    a 60-day eviction notice is necessary if you’ve been accepting partial payments with a lease.

    a 5-day eviction notice is necessary if you’ve not been accepting partial payments and they fail to pay on time, whether or not there is a lease. if they pay in full within the 5 day period, you must let them stay and you must accept the payment if it is a full payment.

    you are not required to let them stay beyond the 5-day eviction notice if it applies, because that would cause you to forfeit your mortgage. the courts will side with you in that case. they have to leave. it doesn’t matter that they’ve lived there for 40 years. if i stopped paying my mortgage after 40 years, the bank would still take my house. their rent payment pays your mortgage on the property.

    if they resist the 5-day eviction notice, you contact the police to evict them. they will tell you to obtain a sheriff’s warrant. they will have the right to live there for another 30 days without a lease or another 60 days with a lease, even if they don’t pay. if they pay in full in that timeframe, you must accept the payment and you must let them stay for the remainder of the lease if there is a lease.

    any time that you accept a partial payment, you give them the right to live there, and must start the eviction notice all over again from the time that you accept the partial payment.

  3. Not sure if it is the same where you live, but I went to the local police department and got them to deliver an eviction notice. They have 90 days to vacate, or else I can toss them out. Check with a local attorney to see how to proceed.

  4. You should not have allowed him to stay for so long continuously without any proper written agreement with stipulated time period.
    Legally it will be difficult to evict him, that too if he belongs to reservation caste.

  5. Firstly the landlord has to sit and negotiate the demands raised by the tenant for vacating the premises.If the tenant comes forward for agreeable settlement the best recourse is to go for that, settle the tenant he will walk away.looks crazy but this is the reality and in most of the cases it works.If the tenant is not willing for any settlement then the landloord can file eviction petition.
    High Court

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