Dispute With The Tenant
Question asked by Sundaresan Krisnamurthi from Bangalore:
Dear Sir/Madam,
I have a house at Sirkali (my hometown) in the Tamil Nadu state which I bought in 2005 with HDFC Bank Loan. I am still paying the EMI for the same.
The house has Ground + 1st Floor. The first floor is occupied by my sister’s family and the ground floor has been rented out to a tenant from December 2007.
There is a rental agreement between the tenant and me for a period of 11 months which ended in October 2008. I have been asking the tenant to vacate the house starting from May 2007 since we needed the premises for our own use. At first the tenant refused to vacate quoting the rental agreement, which is for 11 months. He said he could think about vacating only after the rental agreement expires. Now the tenant is saying the agreement is only for “formality†sake and no one will come to a house for rent only for 11 months.
I wanted to take up this issue legally. But the localities are scaring me telling the legal process will take years together to get the judgment.
Since I am staying in Bangalore currently and my conscience does not allow me to take up “other†means to force the tenant to vacate the house, the only option open before me is taking up the issue legally.
I seek your advice in this regard. Is it true that we will not get justice immediately if we seek for legal solace?
Thanks and Regards
Sundaresan
Vatsala Speak:
The rent control laws vary from state to state. Tamil Nadu is still a place where the statutory rights of tenants to stay in a rented property are protected. However if you can approach a local lawyer, he can guide you through the process of eviction. Some grounds may get faster relief than others. You have now no option but to take this route.Vatsala
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