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Saturday, 17 October 2015

Query : How to vacate a handicapped tenant who is refusing to vacate with no rental agreement

Hello Sir
I have a tenant who is a physically challenged man. Actually he is not physically challenged by birth but some 10 years back he developed weak muscles and can't use his legs properly and on wheelchair. He has been staying in our house in 2 rooms on ground floor for the last 11 years.

We asked him to vacate almost 2-1/2 years back but he still didn't vacate. Now we came to know that he has decided not to vacate and started blackmailing us that we're causing him torture just because we have asked him to vacate. In fact we have been very polite and requested few times with some of our friends very gently and we in person also.

But that didn't work and this tenant is too adamant to vacate. We have not signed any agreement with him which is a mistake as this man came as a tenant(actually sublet to this guy from my friend but my friend has left the place) through one of our friends at that time. We offered him help and extremely patient on this physically challenged man but no use at all. We came to know that only alternative to vacate him is through court. But matters in court may take years and this being a physically challenged man on wheel chair, generally anybody will have sympathy for him.

Actually truly speaking this tenant has no clean mind and he has deliberately been postponing his vacating date says June/November and doesn't vacate. Now we came to know that he's not willing to vacate. The property is on our parent's name who's a senior citizen, living out of station. The other portion of the property is given on lease to another party and another small portion rented out without any agreement. It's a very small house but this tenant now blackmailing us that he will call media TV channels and report about us that we're torturing him to gain public sympathy and to drag the issue to the streets though in fact we have been very politely asking him when he's going to vacate.

Can you please help how to get this physically challenged man vacate our house where in this case no agreement signed. Also can the Sr.Citizen owner can serve an eviction notice on this tenant on the basis of self occupancy by the owner? Also the building is 36years old and needs lot of repair work as well, this is another reason. This guy has been troubling us for last 3 years and want him to evict out.

He has troubled his immediate neighbor who helped him but this just a note on the kind of record we have with this person as that neighbor, who was staying on rent in another room already vacated after our advice to avoid this person. As the complete building is rented out and owners stay out of station, this tenant started playing these delaying and blackmailing tactics which is a landlord absent case. Though the owner comes and we maintain the property do repairs through our friends there we want to get this person evicted out immediately as he has no gratitude and instead trying to deviate the topic from the actual vacating issue.

1) Given that the owner being a Sr.Citizen vs a physically challenged tenant staying on rented rooms with no signed agreement at all, with the tenant just paying Rs1000/- monthly rent and we no longer want this person and urgently wish to evict him What is the best solution to get this tenant vacated?

2) This tenant is not willing to vacate inspite of repeated requests and simply trying to play blackmailing tactics which is not correct at all, instead he has caused lot of mental agony to all of our family members, my parents who're Sr.Citizens. What are other ways without going to court given that tenant is not willing to sign any agreement nor willing to vacate?

3) How long will it take if we go to court? Which is the best option as this tenant is not willing to vacate as we gave it very cheap rent for just Rs1000/- whereas the market price for the same rental value will be atleast Rs4000. Taking advantage of this cheap rent and absentee landlord he is not vacating. We have the property on my parent's name and i too stay out of station. We have a small portion very small 2 rooms reserved for us in case we come there which is 1/4 th what that tenant is using and we need the house vacated for our own use. Please advise

4) As this tenant has stayed over 11 years and not in good terms with us anymore, we want to evict him out. We have been patiently waiting for almost close to 3 years but he is not vacating. We heard that only way to vacate is him to go to a court. But this person being a disabled man deliberately occupying our house and trying to blackmail us. What is the best way to get this man vacated given that no rental agreement signed?

Just let me know so that i can advise my parent, the owner

Source : Legally India, 17th Oct 2015

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