I have let out my property for ladies hostel. Written agreement on 100 non judicial stamp paper (not registered) for 11 months from Aug.2018 to June 2019. The tenants erected a shed on his own for kitchen purpose. As was irregular in payment of rent. I have asked him to vacate the premises by the end of agreement period I.e. June 2019. He kept on postponing vacating the building by saying that he is liking for some other tenant who can take his cots beds and shed and also take the premises on rent. Meanwhile as he has not payed the electricity bills to the tune of Rs. 65000 the electricity department removed the fuses. Despite our repeated requests to pay the arrears of rent and electricity bills and to had over the possession of the premises he kept on dragging the issue. 2 days back he sent an SMS stating that as per our instructions he moved all the inmates of the hostel by 30th June and moved all his materials to outside shed. But he is intentionally delaying handing over of keys despite our repeated requests. Thus he himself not paying the rent by saying that he has vacated the hostel. At the same time he is not allowing us to give it on rent by keeping the keys in his possession. Please advice whether we can take police help and break the keys and take possession of our premises as the tenant has already committed through SMS that he has already vacated the premises
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
See as this matter is of tenancy and possession civil court has jurisdiction over same you can file a suit for possession for pending rent arrears and electricity bills.
As far as police help is concerned you can file a police complaint though police may mark it as civil matter can deny to help.
Does police has jurisdiction to help in this matter if they are willing
Dear Concerned,
A. Your Lease is already over
B. You have an SMS that the house has been vacated.
C. He is not paying rental arrears and electricity bills.
Forget the Police - Forget Litigation - BE BOLD - Your house is Vacant at present
YOU ARE THE OWNER - OPEN THE LOCKS (get the locksmith or break them) take the possession of your house . IF YOUR tenant can not file any complaint as then he will have to accept non payment of rent and electricity.
Please note its your property - you are the owner - Lease is over - Once you are in the property no one can take you out.
BE BOLD - Take the Possession - Best of Luck
See police may help without registering FIR they may pressurise the said person but they do not have jurisdiction in such civil issues.
Dear Client,
To recover electricity bill amount and possession, you have to file a for civil suit for recovery and possession.
If it is rent agreement you can not reenter.
If it is leave and license agreement and there is a clause of reentering in default you, after giving a notice to vacate and remove his belongings, can reenter. You can inform police and can take help of the police.
In case of lease also you can adopt such procedure. Give reasonable time to shift over by issuing notice.
Sir,
Lease period is over and you has full right to enter your own property.
You can do complaint in police station, as you break the lock, inform this to police.
This is civil nature matter, so police can't help much.
For remaining due money, you can approach civil court.
Issue him legal notice to hand over keys of premises and pay arrears of rent
2) if he refuses file suit for eviction and claim arrears of rent
Police would not intervene as it is civil dispute between landlord and tenant
1. This is out and out a civil dispute and the police has nothing to do with this.
2. So if the tenant is not vacating the premises your remedy lies in civil court only by filing a civil suit for eviction.
3. Since the electricity connection is already disconnected your tenant is not expected to retain your property anymore.
4. if vacates the premises before you file the suit for eviction you can adjust the arrears rent and electricity bill from the security deposit.
5. Else you will have to file civil suit for recovery of money.
You approach the police and convince them to help you by showing the material available with you.
When tenant confirm in writing the police should be able to help you.
make sure to take recording of the total issue and take photographs.
Yes if he has already vacated the premises you can take police help by saying that the said property may be missed by tenant for illegal activity and break open the same by police help. You can also file a case of wrongful restraint against the said tenant for doing so.
issue a legal notice through an advocate and file suit for the vacating and recovery of arrears before Civil Court.
police cannot interfere in any civil dispute, including that over property, unless ordered by a competent court.
Dear Sir,
Normally a landlord cannot take law into his hands but if you are having muscle power you can get it vacated.
Police may or may not interfere with your request since it is a civil matter.
Dear
Police have jurisdiction of the case if you file the case of illegal trespass and possession of your house against previous tenant.
Police cannot take any action in this civil matter.
You my contact an advocate in ht e local and get a legal notice issued to him to vacate the premises for the reasons as you have mentioned .
Let him give a reply, you dont be bothered about the reply until he is complying with the instructions made in the legal notice, you can file an eviction suit for non-compliance and for evicting him and to get vacant possession through court.
Police do not have any jurisdiction in it, however if they are willing to help then take their help so that the tenant will think about it when the police is involved in this.