Anybody who can give legal advice regarding landlord and tenant problems ?

My grandmother gave her house on rent to a family without any written agreement. She was living in her own house in which our tenants were also residing at ground floor. my grandmother had a severe heart problem , diabetic, and obesity patient. she asked the tenants to vacant the house as she cant step up to the first floor but the tenants despite of our pleading request filled a suit against my grand mother,my father and my uncle for permanent injunction . on the basis that we are troubling them . but we asked them to vacant but they entirely ignored our requests


please help my grandmother. if possible give me advice how can we get our house back.Anybody who can give legal advice regarding landlord and tenant problems ?
First of all one should never hand over immovable property to any person without any written agreement.





Now as your grandmother had given property on tenancy without written agreement-- your tenant is bound to take advantage for that by alleging favourable terms and conditions in the oral tenancy contract.





As far as your Grandmothers medical condition is concerned -- She has the right to file a suit for eviction of tenants on the ground that she needs the property due to her own health problems.-- If the rent being paid by tenant is more than Rs.3500/- P.M. than the eviction suit would be filed under Transfer of Property Act--- and if the rent is below this amount than the suit can be filed under Delhi Rent Control Act 1958-- [just guessing that may be your rent amount will be above 3500 and in that case your suit will lie under Transfer of Property Act]-- if the property of your grandmother is lying outside Delhi than in the case of rent amount being lower than 3500 some law which will be very much like Delhi Rent Control Act 1958 will apply.





Now I am not going to comment upon Permanent Injunction suit because you have not stated that on what basis tenants are claiming their right to reside their-- especially when the tenancy in your case is being governed by Oral Agreement-- They might even claim themselves to be the owner.[Don't want to scare you but just saying you from my own experience as an Advocate].





Had you given details about their suit grounds in nutshell than i might had ben able to comment upon that. but still you grandmother can file a suit for eviction of tenants.Anybody who can give legal advice regarding landlord and tenant problems ?
Without a written lease it is considered a month-to-month tenancy. Your grandmother should send a certified letter to the occupants telling them they have 30 days to vacate. If they do not, she or someone representing her should go to the courthouse in the county in which the property is located and file an order of eviction. Really very simple.
If there is no formal agreement, then standard agreement is probably taken as agreed.





You probably have to give them their notice period - 1 or 2 months depending on the time they have been in the house, and if they fail to move out. You will need to file an eviction notice or something like that,





Get some legal advice though.
what country are you from?


any way it's obviously a monthly basis tenancy.


so just give the usual 30 day formal notice signed


my your grand mother and after the period they will


have no right to stay on your granny's place, make them


sign if possible. dont stress,


even the police can help you out easily on this.
Bindiya,is the tenant staying for above 7years.If not so you could formally and ethical ask them to leave after a month's notice.Along this, kindly contact the lawyer too,he would help you to take further step for the acts and laws.
She needs to legally evict them. The exact process depends on where she lives, but if you call your county sheriff's office, they'll be able to point you in the right direction.