One of my father's tenanants who occupied 2 files for office purpose has not been paying rent since Mar 2020 to till date. He last paid his electricity bill for Jan 2020. Now the bill stands to be 20000 now. The meter is on the landlords name so it's more arksome. Above all, the tenant is traceless since Jan 2020. Never picks up phone neither visits office. Even his staff members are no more staying in there office. The flat is locked so far. Once or twice I could find one of his staff. Asked him to convey the msg. But no one tried to pay the rent or electricity bill. If we consider the advance paid by him and adjust it over the arrears, then advance are completely absorbed and electricity bill is still left to be paid. There was never a written agreement. But recently a month bank we received a call from one of the local banks. Where they enquired about the tenant's whereabouts regarding non payment of loan overdues. He said that they have received a rent agreement. We were socked to here this as there has never been any agreement. The signatures were fordged. The tenant has even managed to get GST number and adhaar on our address using forged rent agreement. Should we paste a notice on the door of their office for clearing the premises and vacating the same. Or seal the office? Please suggest a way out.
1) file police complaint against tenant for forgery , for fabrication of documents
2) issue legal notice to tenant to vacate the premises for non payment of rent
3) serve notice at last known address and by email
4) if he fails to vacate file eviction suit against tenant
1. serve the tenant with a legal notice regarding termination of the (verbal) rent agreement and claim the outstanding rent,
2. obtain certified copies of the forged rent agreement from the bank & GST office and file a formal complaint against him regarding 420/467/468/471 IPC.
3. do intimate the bank & the GST office that the rent agreement, given to them, was a forged document so that they also can initiate legal action against him
1. You cannot paste a notice on his premises unless it is summons from the court.
2. Serve a lawyer's notice to him to pay the arrears and vacate the premises.
3. You have no authority of law to seal the office. A tenant has to be evicted by following the due process of law.
4. If he does not vacate even after being served the notice then file a petition for his eviction in the court.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Please approach Police Station for cheating and forgery charges against them and file FIR under section 420,467,471 r/w 34 of IPC .
Let the Police investigate the matter.
Allowing to carry on business or stay in premises without proper agreement is illegal which is done in your case.
Please do not aggravate it by suppressing it now from Police officers that they have used forged agreement to obtain loan by mentioning the business address of the premises owned by your father.
Please ask your father to file FIR for cheating and forgery charges against all tenants.
Send a legal notice for eviction and arrears of rent by registered post to the tenanted accommodation. Since most definitely there will be no one to receive the notice and the post man delivering will even make the observation if some neighbour (or you) informs him that they have not been here from past 6 months. Such observation will come in handy. Preserve the receipt of notice. Now thereafter you can paste the notice on any conspicuous place in the property and take a photograph of it preferably from a camera with a reel(negative to file in court with photograph for proof). All this will be conclusive proof of service of notice in compliance with section 106 transfer of property act. It is important to follow the procedure since service of notice is integral part of eviction suit.
Now I suggest in the notice you mention that you have adjusted the security towards electricity. It will be easier otherwise you have to claim electricity seperate from rent and it becomes a bit complicated.
Immediately file an FIR against them for fraud and cheating and forgery under relavent sections of IPC. If police doesn't register engage a lawyer and file application under section 156(3) before court.
1. First lodge a complaint with local police about forgery and cheating.
2. Then paste a notice of clearing it after a month.
3. After a month if you break open the lock do so only after informing the police in writing.
4. Since it may bring counter allegations of theft from their end you can file suit for eviction instead.
You can make fraud and cheating complaint against him and remove all his belongs from the flats and seal the office.
1. See for forgery of.the signature you may file police complaint against him. Further you may give an eviction notice to the tenant on his address in case on notice if he fails to respond or evict you may file a suit against him seeking possession of property and the dues.
Immediately lodge a criminal complaint with relevant sections in your local PS and also paste a notice in his door for eviction, also send a legal notice in his permanent address.
You should also file a ejectment suit for this .
Regards
Dear Sir,
You are suggested to serve the notices at all his available addresses, emails, whatsapp and if not responded by him, file the case. As alternative, you may also submit a police complaint.
Yes you can paste the notice
- As per law, a tenant cannot claim for force majeure , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well.
- Hence, the said tenant is bound to pay the arrears of rent to your father /landlord , and further you can adjust the same from the deposited amount of security deposits .
- Further , the acts of the tenant is against the law, and you can file a complaint against him for the offence given in the provisions of 420/467/468/471 of the Indian Penal Code.
- Further , these are the grounds of eviction as well.
- Hence, you should send a legal notice to the said tenant on the known address including the tenanted premises for the termination of the tenancy and thereby ask for the arrears of rent including electricity bills etc.
- If , no response , then file an Eviction petition before the rent controller /court.
- If , the tenant will not appear , then you will get ex-parte order for removing his items lying in the tenanted premises and also to evict him.
Yes you can paste the same on doors and take photograph. You can also do paper publication. And later file eviction suit
Lodge Police Complaint u/s [deleted] of ipc against Tenant and also issue a legal notice through an advocate and file Eviction suit along with recovery of money.
1. First of all lodge FIR against tenant for forging your signatures for obtaining bank loan.
2. Secondly send a legal notice through registered post on house address of your tenant for recovery of rent and vacating the premises.
3. You need to file suit against tenant for getting eviction orders from court and also make an application for stay on operation of business from your flats till disposal of suit.
You first issue a legal eviction notice and get a copy of the notice affixed at his doorstep.
After that file an eviction suit immediately, get an exparte orders.
Then you may file an execution petition, get an exparte order, take possession of the property with the help of court bailiff.
