Issue legal notice to tenant to vacate the house
2) if they refuse refuse to vacate file suit for eviction and claim double rent for period they continue to remain in possession as per terms of your agreement
Regarding the tenant issue settled in house
One of our tenant came and settled in house 2 years back with advance of 40k and rent of 10k. They were paying the rent for 2 years property and one of their main problem is nobody picks up the phone call, everytime they text or won't pick, now currently during sept-oct time due to their personal loan problems with other people few people came and break the glass and damaged the property, we told her to vacate soon and gave the time as requested, but everytime when the last day comes they are extending not relieving, they lockthe gate and doors and pretend to be not there. From October they have not paid the rent, water bill is not paid, house is damaged and they are asking time everytime to vacate, if we tell them we will take actions with police due to the issues they are facing, they are saying even we would go to police and tell you are blackmailing us. Please help us what necessary legal measures should be taken
Asked 25 days ago in Property Law
Religion: Hindu
11 Answers
This is civil dispute and therefore your recourse lies in civil court.
Therefore, send him an eviction notice and thereafter file a civil suit for eviction of this tenant.
You have to take legal action by issuing a legal notice to vacate the premises for the said reasons and default in rental payment.
After that you have to file an eviction suit to evict them by due process of law.
It may take a little time but that will be the better option before you.
File a suit for eviction.
G.Rajaganapathy
Advocate
High Court of Madras
1) Give me simple complaint to local PS with your own written statement as that incident happened with you..
Police will take care necessary action
You also can consult a lawyer for proper complaint or the statement which you can give local PS + SP + DSP.
2) You also have to send a legal notice to that tenant permanent address and the rent address both.
It will help you to give initial resolution for the same
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Send Legal Notice:
- Issue a legal notice demanding rent arrears, property repair costs, and immediate vacating of the premises.
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File Eviction Suit:
- File an eviction suit in the local civil court under rent control laws, citing:
- Non-payment of rent.
- Property damage.
- Breach of rental terms.
- File an eviction suit in the local civil court under rent control laws, citing:
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Police Complaint:
- File a non-cognizable complaint for property damage and harassment, ensuring the police record the incident without escalating unnecessarily.
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Recover Dues:
- Include unpaid rent, water bills, and repair costs in your eviction suit to recover financial losses.
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Avoid Confrontation:
- Do not engage in verbal disputes or actions that may appear as blackmail.
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Engage a Lawyer:
- Consult a property lawyer for drafting notices and filing cases promptly.
For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.
Thank you.
Shubham Goyal
- You can terminate the tenancy after sending a legal notice to the said tenant.
- If even after receiving the notice not vacated , then you can file a case against him before the Court for evict the said tenant.
- Police has no power to interfere in such type of cases.
You can send them a notice and file a eviction suit
Dear Querist
immediately issue a legal notice and terminate their tenancy and if after receipt of the legal notice they are not ready for vacating the house than file a civil suit for eviction before the civil court and claim eviction and possession with all the arrears of rent with me se profit.
Dear Sir,
Such is the attitude of many tenants. You must tackle the issue very diplomatically. If you go to the Court if rent is not deposited then some judges using their judicial and discretionary powers to issue an order of evicting the tenant immediately. Second option is to be in good books with police as your house is damaged so you may register an FIR and see they are evicted. Thirdly, get issue a legal notice under section 106 of Transfer of Property Act.
Dear Client,
Considering that the tenant has failed to pay the rent duly, caused damage to the property, and also refuses to shift from the property despite several requests, you are entitled to bring the matter to the court of law. You have every right to file an eviction suit under the Transfer of Property Act, 1882, citing non-payment of rent, breach of terms, and damage caused as grounds of eviction. Apart from this, you can file a police complaint regarding the damage caused and harassment caused to you by their behavior. You need to apprise the tenant that the legal action is being initiated, and all communication should be properly documented for evidence. If they claim blackmail, tell them you are exercising your legal rights to protect your property. Take a lawyer to file the suit and take police matters appropriately. This will hasten the process and be effective in resolving the matter.
Hope you find this answer beneficial for resolving the dispute.
