Asked June 11, 2013

Tenant not vacating apartment

  • 1 Answer

An uncle of mine happens to be a retired sergeant-major from the Indian Army. He owns a 2-BHK apartment in Kolkata. Back in 2010, he had rented out this apartment on leave and licence basis for 11 months. Subsequently, the arrangement was renewed for another term of 11 months. At the end of that period, he asked the tenant to vacate the premises, but he has failed to comply till date and nor has he paid any rent for the past 7 months. The rent was more than the limit prescribed by the West Bengal Premises Tenancy Act. What are the avenues open to him under such circumstances to get back possession of his apartment and also recover the rent due to him?

Answer 1

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Your predicament falls squarely within the provisions of the Transfer of Property Act, 1882. Without delving into the precise provisions of that Act, I can advise you to send your licensee (I would suggest you address him or refer to him as thus instead of tenant) a notice to quit. Following that, you can file an eviction suit against him.Moreover, the West Bengal Premises Tenancy Act, 1997, provides the right to recover possession of any premises let out by a landlord, including a retired army, navy or air force officer, if he or his family needs it. While filing your suit, you can also rely on this provision. In the claims you’ll make in that suit, you would have to include the due rent along with interest. In case you have engaged with him in a written exchange of communications over the due rent and the request to vacate the premises, preserve such documents well, since they may subsequently have to be admitted as evidence in the court. I would also suggest you to consult a lawyer dealing with eviction/property matters and practicing at the lower court having jurisdiction over the area where your apartment is located at.

Agree Comment 0 Agrees over 8 years ago

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