 |
| Advocate P B Suresh Babu |
Evict a tenant?
- 14 valid Reasons
by Advocate P B Suresh Babu
According to Tamilnadu Rent Contol Act..!
A Landlord who seeks to evict his/her tenant shall apply to the Controller for a direction in that behalf. A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with either of the following Conditions.
(1) The tenant has not paid or tendered the rent due by him in respect of the building, within 15 (Fifteen) days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable.
a. However, if the Controller is satisfied that the tenant’s default to pay or tender rent was not willful, he/she may, give the tenant a reasonable time, not exceeding 15 ( Fifteen) days, to pay or tender the rent due by him to the landlord and on such payment or tender, the application shall be rejected.
b. Default to pay or tender rent shall be construed as willful, if the default by the tenant in the payment or tender of rent continues after the issue of 2 (Two) month’s notice by the landlord claiming the rent
(2) The tenant has without the written consent of the landlord, transferred his right under the lease or sub-let the entire building or any portion thereof, when the lease does not confer on him any right to do so, or has used the building for a purpose other than that for which it was leased.
(3) The tenant has committed or caused to be committed such acts of waste as are likely to impair materially the value or utility of the building.
(4) The tenant has been convicted under any law for the time being in force of an offence of using the building or allowing the building to be used for immoral or illegal purposes.
(5) The tenant has been conducting in a manner that cause nuisance to the occupiers of other portions in the same building or of buildings in the neighbourhood.
(6) Where the building is situated in a place other than a hill station, the tenant has ceased to occupy the building/house for a continuous period of 4 (Four) months without reasonable cause
(7) The tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bonafide
(8) In case it is residential building, if the landlord requires if for his own occupation or for the occupation of any m ember of his family and if he or any member of his family is not occupying a residential building of his own in the city, town or village concerned;
(9) In case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires it for his own use or for the use of any member of his family and if he or any member of his family is not occupying any such building in the city, town or village concerned which is his own;
(10) In case it is any other non-residential building, if the landlord or any member of his/her family is not occupying for purpose of a business which he or any member of his family is carrying on, a non-residential building in the city, town or village concerned which is own.
But a person who becomes a landlord after the commencement of the tenancy by any special Agreement shall not be entitled to apply under this clause before the expiry of 3 (Three) months from the date on which the Agreement was registered:
(11) Where the landlord of a building, whether residential or non-residential, is a religious, charitable, educational or other public institution, it may, if the building is required for the purpose of the institution, apply to the Controller, for an order directing the tenant to put the institution in possession of the building.
(12) A landlord who is occupying only a part of a building, whether residential or non-residential, may, apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession, if he requires additional accommodation for residential purposes or for purposes of a business which he is carrying on, as the case may be.
a. Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub section before the expiry of such period.
b. The Controller shall reject the application if he/she is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord. Otherwise, the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.
(13) Where the landlord has been or is a member of the Armed Forces and is released or has retired from service and the building is bona fide required for his/her residence or is stationed at a place where on account of military exigencies, he/she cannot live with his family or dies on active duty and the building is bona fide required for the residence of his family, the Controller shall, on application made by the landlord or the member of his family, if he is satisfied that the claim of the landlord or the member of his family is bona fide, pass on order directing the tenant to put the landlord or the member of his family in possession of the building
“Member of the Armed Forces” means a person in the service of the Air Force, Army or Navy of the Union of India and includes a seaman and “seaman” means every person including a master, pilot or apprenticed employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958), applies.
(14) No order for eviction shall be passed against any tenant who is engaged in any employment or class of employment notified by the Government as an essential service for the purpose of this sub-section, unless the landlord is himself engaged in any employment or class of employment which has been so notified, or in respect of any building which has been let for use as an educational institution recognized by the Government or any authority empowered by them in this behalf so long as such recognition continues and is actually being used as such.
Mr. P B Suresh Babu is a leading real estate advocate in Chennai. He runs a law related websit : www.lexindica.info
No comments:
Post a Comment