• My tenant has locked my property and is absconding

My mother is a senior citizen and her property has been rented out by her. 

The tenant paid the rent for first two month and after that he has locked the property and is unreachable. 
There is no way to contact him as he has switched off his phone number and his police verified address now proves out to be a faulty one and is not a legit address. 

What can be done?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

The tenant paid the rent for first two month and after that he has locked the property and is unreachable.

There is no way to contact him as he has switched off his phone number and his police verified address now proves out to be a faulty one and is not a legit address.

What can be done?

You send a legal notice to him at the same address where he had rented, let the notice return undelivered, yo may file an eviction suit agaisnt him and get an exparte decision against him if he is not turning up, after which you file an execution petition to execute the decree along with a petition to break open the lock and taking possession of the rented premises in the presence of court amen

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

Is my property now disputed? If I don't go for a case filing, will I be able to enter my property after the agreement ends?

You should not enter into the property kept locked by the tenant who has since deserted.

You should file an eviction suit before the court and only after court order you can take possession of the the property with the help of court amen.

Should I be moving the high court for filing the case?

The eviction suit may be filed in the lower or munsif court itself, you need not approach high court for this.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

Hello,

1) Your mother can enter the property and take possession once the term of Agreement is over.

2) Intimate the local police and seal his belongings before two or three witnesses.

3) You don't need to approach the High Court for a relief.

S J Mathew
Advocate, Mumbai
3599 Answers
175 Consultations

1)you should send legal notice to licencee at the address mentioned in said agreement

2) even if it is returned unclaimed it is proper service

3) file eviction suit against the tenant for non payment of rent

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

Dear Concerned,

Is the lease period over ? either ways send a legal notice for eviction at the address of your property and also to the address in records. If the tenant does not replies - YOU WOULD BE suggested to go ahead and file eviction suit. NO DON't file - go ahead and take possession of your property - make entire list of stuff IF ANY that is lying in the property and store it somewhere .

Whenever / IF EVER he returns he might file a theft case - your legal notice will safeguard you. For more details please feel free to have a discussion.

Best of luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

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