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Q. Eviction

Dear legal team. There is a tenant in my father’s commercial property for over 20 years who has now not paid rent for over 5 years since my father fell seriously ill. The tenant is now demanding lot of money (market value of occupied portion of property) to vacate. The rent rate is also low amounts which was set many many years ago so it is not at today’s market rates. Unfortunately the rental agreement has been misplaced. Is there any law which can be used for eviction based on verbal rental agreement? What can be done in this situation? Also, is it not illegal for tenant to ask for money to vacate the premises and for the mental harassment of not willing vacate without giving them lot of money as ransom to vacate? What are the options to evict this difficult tenant?

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A. Dear Client,
I have nothing to add than what has already been stated by Mr Kishan Dutt Kalaskar, Retired Judge.
Shanti Ranjan Behera

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 4 weeks ago

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A. Dear Sir,
The Supreme Court legalized and identified even oral rental agreement. You just get file eviction suit which will be summarily disposed within 6 months and file an interim application seeking direction to the tenant to deposit arrears of last three years which is the highest arrears you can claim.

For full procedure contact me on mobile through Vidhikarya.

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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