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UUsing both Bonafide Use and unauthorized commercial activity as grounds for eviction won’t distract the judge and the case, right?
Also, regarding the commercial activity argument, is there a risk that the court might simply warn the tenant? If he claims that he will now use the premises for residential purposes, could that allow him to stay? Because he will play foul and tell in the court that he will use as residential but sooner continuing it as commercial because who is going to monitor him.
Given that the agreement is expiring next month, it wouldn’t make sense for the court to let him continue occupying the property just because of an ongoing civil dispute, would it?
UAlso, during the eviction court proceedings will the tenant continue to reside in my property?
If yes, should I as a landlord continue to accept rent or not ?
If not shall I instantly refund him the amount as soon as he transfers the rent ?UCan you suggest any strong proof examples for Bonafide personal use ?
I can show the current rent agreement I have in another city which is expiring by end of this year. Will this work or we need something more stronger ?UThank you for your response. I appreciate it.Is Personal Bonafide Use not considered a primary and strong ground for eviction ? Or is it more of a secondary ground ?
Basically I am currently residing in a different city on rent and wish to return to my own house, which I had rented out under a leave and license agreement to the tenant who is now causing trouble.
UShould I file the eviction suit as a counter to the injunction case he has filed, or should I file it separately ?Also, what would be the strongest grounds to secure an eviction order from the court at the earliest ?
I am considering the following:– Requirement for personal use
– Failure to vacate despite receiving two legal notices
– Unauthorized commercial use of residential property
– Irregular payment history
– Attempted illegal change of the electric meter name without my consentMy priority is to avoid unnecessary delays and obtain the eviction order as quickly as possible.
Feel free to remove any points. Thanks in advance
UYou are right about the injunction. He had filed one against me in 2021 as well, without my knowledge, but the court did not grant it. I only found out about that previous injunction last week. Now, he has filed another on just before I sent him two Eviction notices, and I have a hearing scheduled next month. I’m not sure if these are just delay tactics or something else.
