[Jaguar]

Send a legal notice for eviction stating need for repair. Hire a contractor and start the renovation work. Make sure the work becomes a nuisance for the tenant.

[Zappo]

Originally Posted by Jaguar

Send a legal notice for eviction stating need for repair. Hire a contractor and start the renovation work. Make sure the work becomes a nuisance for the tenant.

As far as I understand law you can NOT entire a premises even if you are the owner without the explicit permission of the resident. Forget getting work started. You will be on the wrong side of the law. The tenant will simply refuse to let you or the workers enter "his" premises.

[Surprise]

Originally Posted by nitrous

Since your folks have been trying to get him to leave for quite a while, no cock and bull story will work.

I agree with Nitrous. Any steps towards vacation of your current tenant in whatever means will surely indicate the real intention & I am not sure whether he will budge for that. Just he will buy time for everything that you propose to him. With extensions for 1.5 yrs, he would have got confidence this can be easily pushed.

How many of them were there in his family? What sort of brokerage business he does? How do you know that he is backed by a lawyer?

[neoonwheels]

1. Stop paying monthly Society charges. Take the chairman in confidence and ask him to stop all the facilities given.
2. Stop paying electricity bills and Corporation charges.
3. Take a lawyer advise on how to go the legal way.

[headers]

BEan: Where is the property? Which area? Do you know the neighbours well? How long has it been since he [current tenant] is staying there?

All these need to be answered please..

And Whats his excuse?

[dadu]

Originally Posted by Wolfheart

Unfortunately the cops don't give a damn. They will act in favor of the person who "motivates" them. If you get a court order then the cops would enforce it.

I agree with this, even after you get a eviction notice you need police support for a forced eviction, which doesnt come easily.

[Zombie69]

Court case will take a long time to settle so I would suggest if you have anybody in a higher post among your relatives, take them with you to the police station (hope you have a lease or agreement of that house, maybe you'll have to bribe the police a little bit, It's better than courts though and make the police to tell your tenant to vacate the house. Contractor idea is also very good! Anyways all the best!

Cheers!
-Z

[deep_bang]

Since you have not yet been involved, the first step is to try to talk to him. Often, when tenants see an aged couple, they try to take advantage of it. Once if they know that you are taking more control of the situation, that itself is a first step.
Always suggest to talk repeatedly, and try to resolve before attempting legal means. The problem is, legal or political is like going to a point of no-return. Also, the possible harrassment is more likely to affect your parents too.

[Wolfheart]

@Mr. Bean

Property matters are very complex. Therfore you have to have a multi pronged approach.

1. Meet a good lawyer and just talk to him/her. See what your legal options are. This should be the first and most important step. Understand what you can do and what may be disadvantageous from a legal persepective.

2. Communication, communication communication! Can't stress the importance of this. Keep communicating with your tenant in a decent and civil manner. Explain your problem and tell them you understand theirs too. Tell them you will give them a month or two to vacate if they want. Be very cordial and don't ever hint at legal action.

3. Get society members / neighbours on your side so that they will support you as well.

4. Don't try anything silly like threats, pressure tactics or anything illegal. These can easily backfire and will complicate matters for you.

5. Acknowledge the fact that you have a problem but don't be afraid. Know that this property belongs to you and you have the upper hand. There are legal avenues to evict them, however discuss everything with your lawyer and then decide how to proceed. I'm sure you'll be able to sort things out.

Good Luck!

[ajmat]

Two possible holds you may have:

1: Use of premises for purposes other than residential -check your agreement, it might have this stated.

2: House not fit for occupation - can you get the local authorities to withdraw this?

[alter.e.go]

Getting tenants out is a problem I know first hand.

The legal route is arduous.

In these cases you have to take matters into your own hand, parents wont be able to fight.

Might is still right. Kick them out!

[SirAlec]

Kicking them out will make the matter even worse. They will have a strong case against you.

Tenancy laws are different in different state.

was it a lease agreement or just rent based (kirainama, as we call in rajasthan). If its the latter it much easier. If its the former you have to be soft and ask them how much they want to vacate the premise, straightforward.

However strong your case maybe it will take years before you can evict them, thats the truth about indian legal system.

If you have time then you can go the legal way, there are numerous ways. Get hold of a building superintendent of your area, and get a certificate that building is not fit for living. (How you do, i am not telling ).

PS:
are your parents living in the same premise.?
are they paying rent regularly.?

[Mr_Bean]

Originally Posted by ikoneer

!. Have you been getting the rent every month?
2. Has the contract been renewed regularly after each expiry?
3. Have you given written notice for him to vacate the house?
.

1.) Yes
2.) Lease has been renewed regularly. The lease was renewed in the month of march 2010 under one condition that the tenant will vacate in september, my dad trusted him & he capitalized on it now.
I have told my dad to cool down & wait till Jan for the lease to expire and then plan the actions.
3.) Is there a legal option attached?, i guess it was all verbal till now. I will check with my parents regd this.

Originally Posted by SirAlec

PS:
are your parents living in the same premise.?
are they paying rent regularly.?

Parents are staying with me in a different locality.
Rent has been paid regularly.

Originally Posted by condor

Can you try the reason that you want to move in there yourself (your family) ?

I told him that I plan to move in soon as I am getting married, he is not ready to listen.

Originally Posted by nitrous

Since your folks have been trying to get him to leave for quite a while, no cock and bull story will work.

True

Originally Posted by Jaguar

Send a legal notice for eviction stating need for repair. Hire a contractor and start the renovation work. Make sure the work becomes a nuisance for the tenant.

You won't believe this, the building is undergoing extension & we had clearly told him that the drainage & water line will have to be relaid. But he is not talking to the point.

Originally Posted by headers

BEan: Where is the property? Which area? Do you know the neighbours well? How long has it been since he [current tenant] is staying there?

All these need to be answered please..

And Whats his excuse?

It is in Annanagar West, it is an housing board flat. We stayed in the house (where the tenant is staying) till 2000. Current tenant is staying for the past 3.5-4 years.
The current excuse for the tenant is passport verification, he has been telling for the past 6 months. It seem they have not planned for an alternative house.

Originally Posted by neoonwheels

1. Stop paying monthly Society charges. Take the chairman in confidence and ask him to stop all the facilities given.
2. Stop paying electricity bills and Corporation charges.
3. Take a lawyer advise on how to go the legal way.

I will do this once the lease expires.

Originally Posted by Wolfheart

@Mr. Bean

Good Luck!

Appreciate your inputs..

[GTO]

Originally Posted by Mr_Bean

My tenant is refusing to vacate our owned house after repeated reminders. This was given for occupancy in 2006 & now it has been 4 years.

Lease expires when, in January 2011? That's when you should make a stern request to him. If he doesn't abide by your instructions, gain access to the house when its empty (ONLY after the lease expires) and remove all of his belongings. Replace the locks with new ones, keep a tough security guard to look over, and occupy the place soon (empty houses are bad news). If he tries to harass you, register a complaint with the local Police station.

I frequently lease out properties and believe me, sometimes you have to act tough with the lessees.

[condor]

Address verification for passport - has he even applied for a passport ? Passports dont take that much time to be issued. Also, since you have sent a legal notice, he has to reply to that. Your next steps would depend on this, I guess.

Mr_Bean : You won't believe this, the building is undergoing extension & we had clearly told him that the drainage & water line will have to be relaid. But he is not talking to the point.

If the lease expires in Jan 2011, check the possibility of sending a notice that the civil work will be started immediately after the lease expires and that he has been given sufficient notice regarding the disruption in water & drainage. If "technically" possible, stop the civil work before you send this notice. Please check the feasibility of this.