Legal Question in Landlord & Tenant Law in India

Dear sir,

we have let out a property of my brother in bangalore on monthly rental basis, when we asked the tenant to vacate the house, he is resisting the same.

I have given below the key points of "house rental agreement", otherwise it is a usual agreement, also the conversation between both tenant and owner.

for privacy reason, i have removed all the names.

our concerns to vacate this tenant.

1) after taking posession, the tenant changed the color of house by painting citing vasthu reasons, we objected, but did not resist further.

2) ours is a conservative family, he brought in 2 branded dogs of mamooth size, we objected, - not a agreement point.

3) we increased the rent, he forcefully bargained and accepted for only less amount.

4) when we speak to him, he is very violent and uses harsh language.

5) last 3 months, the rent was not paid on time, he being a bank employee we had asked for online transfers rather than cheque deposits, when enquired about the delay, he now says delay in cheque deposits, and asking for excuse.

6) the tenant family had an internal quarrel, and now the tenant is staying in a different location, only their parents stay in our property, this information was given by the maid.

we are under the impression that this might be true, even though it is difficult to prove, and the delay in rent payments happened because his father has to do a manual cheque deposit, rather than an online transfer.

Due to these above, we gave a 60 days notice, as per agreement , but he is resisting to vacate.

My brother being an NRI had visited bangalore personally and signed the agreement.

Request you to kindly provide legal opinion and the course of action, to get this tenant out of our property.

Key point from house rental agreement terms:

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1. That the Lesse approached the lessor, with the request for lease of the schedule house premises on rental agreement basis, for residential use only, for the lessee and his family of total 4 members, and 1 child.

3. Any violation to the terms and conditions of this rental agreement, as hereunder, the lessee is liable to be evicted from the schedule house premises.

4. That the period of this rental agreement is for 11(eleven) months, with effect from 09-November-2009. This rental agreement shall be deem extended for the next 11(eleven) months period, until any 30 days notice in respect of the schedule house premises by lessee or lessor, subject to changes in the rental charges.

7. The lessee shall not misuse/alter/damage/nor change the colour-indentity-fittings-fixtures-joineries nor misuse nor store any obnoxious items, goods, weapons, nor run any illegal / unlawful trade business activities in the schedule house premises

16. That if the lessee fails to pay the rents of two consecutive months this rental agreement shall be deem terminated, and the lessee is liable to be evicted from the schedule house premises.

19. The acceptable communication between lessee and lessor shall be through email and the lessee and lessor shall notify / receive all communications in respect of schedule house premises via [email protected].

email conversation between the owner and tenant

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From: [email protected]

Date: Mon, 7 Nov 2011 09:50:37 -0800 (PST)

To: [email protected]

Subject: Re:

Ok then.. I will send the notice in a week. Be ready to vacate the house.

Sent from Yahoo! Mail on Android

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From: [email protected]

To: [email protected]

Subject: Re:

Sent: Mon, Nov 7, 2011 5:01:27 PM

Yes you may proceed legally. We are not able to pay you one year rent in advance as you have mentioned earlier. We want one year time. No further discussion regarding this matter.

Sent from my BlackBerry� smartphone

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From: [email protected]

Date: Mon, 7 Nov 2011 08:43:27 -0800 (PST)

To: [email protected]

Subject: Re:

You are testing my patience. Please vacate the house and handover the keys by Jan 05, 2012 to my brother. No more discussion. I will send a formal legal notice asking for the same in the next few days.

Sent from Yahoo! Mail on Android

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From: [email protected];

To: [email protected];

Subject: Re:

Sent: Mon, Nov 7, 2011 4:38:21 PM

Sorry we are not okay with both of your conditions. Thank you.

Sent from my BlackBerry� smartphone

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From: [email protected]

Date: Mon, 7 Nov 2011 08:28:36 -0800 (PST)

To: [email protected]

Subject: Re:

As per the agreement I only have to give you 60 days. I can't give you one year. I need the house. If you insist on one year, please pay the one year rental in advance so that both of us can be at peace.

If this is not acceptable, please handover the keys by Jan 05, 2012.

Sent from Yahoo! Mail on Android

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