You have to file suit for eviction against the tenant
rely upon written agreement wherein they agreed to vacate rented premises
if tenant does not contest you would get exparte order
Regarding the tenant issue absconded and house locked
Hello We had rented to a tenent 2 years back and while renting we first allowed them to house after advance payment and thought of making the agreement later. Rental agreement is not done. But now the tenent has absconded as they have took loan for almost crores and left, people from nearby later told us about this as we are in other area, they were paying rent till Oct on Oct few people who took loan came inside the property broke the house glass to check with fraud tenent and they went we immediate told the tenant to vacate they asked time of 1-1.5 months we agreed, but now they have locked the door absconded and people are coming and roaming near our property to check if they are there. After all of this first we went to the local police station of the house belonging address but they told we can't do anything with civil matters and later then we went and issued a legal notice to our rented house address which came back saying no person in address, so we sent in WhatsApp which delivered which they are not seeing, so we went and pasted the notice on the house door and took a photo with Geolocation camera as a proof of notice given and after few days they came and saw notice issued and asked us for few more weeks to vacate we prepared a written lettered agreement stating you were stayed in our house and you need to vacate by Jan 16th if not legal actions would be taken the lady signed and went and post 16th they are not vacating one or the other reason and only communicating with voice message saying will vacate on that date and when that date appears they postpone and also they have torn the notice letter pasted on door and their phone is switched off nobody is in the home and they have locked the door with their belongings How can we evict them it's already 4 months. Please do the needful as we are worried for this situation
Asked 14 days ago in Civil Law
10 Answers
- Issue a lawyer's notice seeking payment of rent at the address of shop. Notice will come back as door locked. File a suit Before Rent Controller seeking eviction on the ground of default of payment of rent. Court will issue notice to tenant which will come back as door locked. Court will order you to publish notice in local newspaper after that Court will pass ex parte order of eviction against him. File execution petition seeking his eviction through Court bailiff, he will file a report of door locked. File an application to break open the lock by Court and handing over possession. Court will get the lock broken and give you possession seizing all his property in the shop. His property will be sold and Court will give you arrear of rent. The whole process will take between 4 to 6 months. This is the only way you can get possession of your property. As the dispute is civil, police will not interfere. Breaking of lock will invite trouble for you.
- Eviction of tenant is civil matter, but offence of house trespass is criminal matter. File a criminal complaint under 329 (2) of BNS, 2023, though the tenant has entered in to the premises lawfully, he becomes trespasser when he remains there unlawfully. File the complaint in the Court of Magistrate, a direction will be issued to police to investigate, produce the tenant in Court and after trial he will sentenced to imprisonment which is up to two years. The offence can be compromised, you can settle the dispute with tenant if he comes for settlement and close the
The ideal option is to engage a lawyer who is practising in bangalore. In this situation, one has to obtain a direction from the court to break open the lock.
G.Rajaganapathy
Advocate
High Court of Madras
You can issue a legal notice to the tenant demanding him to vacate and deliver vacant possession of the property afresh.
If he fails to respond or is not complying with the demands made, you may better file a suit for eviction and seek eviction through court of law by following due process of law.
If he is absconding you take possession of the same with videography. For security reasons you can’t keep your house in such a condition. Also file a police complaint
1️⃣ File a Police Complaint – Report illegal possession and security risks.
2️⃣ File an Eviction Suit – Since no rental agreement exists, file a Suit for Possession & Eviction.
3️⃣ Seek Court Order to Break Lock – The court can order possession if the tenant remains absent.
4️⃣ Publish a Public Notice – Notify the tenant via a newspaper announcement.
5️⃣ DO NOT Break the Lock Yourself – Wait for a legal order to avoid issues.
Act fast by consulting a lawyer to speed up the eviction process.
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 of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
- Since, the police has not taken any action against him , then you can file an eviction petition before the Court for getting order of breaking the lock and also to claim the arrears of rent.
- If after receiving the notice of the Court the tenant failed to appear before the Court then the Court may pass Ex-parte order within a short period of time.
- The Court notice can be served through WhatsApp as well.
Dear Sir/Madam,
Thank you for reaching out. I completely understand the distress this situation is causing you. Having a fraudulent absconding tenant who has locked the house while loan recovery agents visit can be legally complex, but there are strong legal remedies available to resolve this issue swiftly.
Legal Steps to Evict the Tenant & Regain Possession
Step 1: File a Police Complaint Under the Right Sections
You already approached the local police, but they refused intervention by terming it a "civil matter." However, given the circumstances, this is not just a civil issue but also involves:
✅ Fraud & Cheating (Section 420 IPC)
✅ Criminal Breach of Trust (Section 406 IPC)
✅ Trespassing & Unauthorized Possession (Section 441 & 447 IPC)
📌 What to Do Next?
-
File a fresh written complaint with higher police authorities (ACP/DCP) explaining:- The tenant absconded after taking loans.
- People (loan recovery agents) are illegally entering your property.
- The tenant is wrongfully occupying your house despite eviction notices.
- Attach evidence (Photos, WhatsApp messages, pasting of notice, etc.).
- If police still refuse, file a private criminal complaint in Magistrate Court (Section 156(3) CrPC) to direct police action.
Step 2: File an Eviction Suit in Court (Urgent Civil Relief)
Since there is no rental agreement, you must file an Eviction Petition under the Karnataka Rent Control Act, 2001 or a suit for possession in the Civil Court based on illegal occupancy.
📌 Grounds for Eviction in Your Case:
✔ Unauthorized possession after termination of tenancy
✔ Absconding tenant & property risk
✔ Property damage (breaking of house glass by loan recovery agents)
How Fast Can You Get Relief?
- In urgent cases like yours, the court may grant an interim order in 15-30 days to break open the lock and take possession.
- A final eviction order usually takes 3-6 months.
Step 3: Public Notice for Eviction & Police Assistance
- Publish a public legal notice in newspapers stating that the tenant is absconding and unauthorized occupation must end immediately.
- Seek police protection for eviction, citing public nuisance and security risks.
Why You Need a Legal Expert for This?
Given the fraudulent nature of the tenant's acts, this case needs a carefully drafted eviction petition, police complaint, and urgent court action. I specialize in tenant eviction cases and can handle the entire legal process for you, ensuring:
✔ Quick court orders for possession
✔ Strong police action against the absconding tenant
✔ Immediate legal steps to prevent further damage to your property
Let’s take immediate legal action to evict the tenant and secure your property. I would be happy to draft all necessary documents, file the eviction suit, and represent you in court.
📞 Contact me now for a detailed legal consultation and the fastest resolution!
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Dear Client,
Since the tenant has skipped town and is neither leaving the premise nor responding, you can take the following legal steps for eviction and repossession of your property:
File a Police Complaint – Although the local police initially refused, you can file a complaint citing trespassing (Section 441 IPC) and potential fraud, as the tenant has taken loans and absconded. Emphasize the security threat due to loan creditors visiting the property, which could lead to unlawful activities.
File an Eviction Suit in Civil Court – Since no rental agreement exists, file an eviction suit under the Karnataka Rent Control Act, 2001, or approach the Civil Court for Possession and Damages citing non-payment of rent, abandonment, and breach of verbal tenancy terms.
Take Possession through Legal Means– If they are not available and the property is not accessible, seek an exparte order of eviction decree in court, allowing you to open the lock and takelegitimate possession.
Public Notice – Advertise a notice in the local newspapers stating that the tenant is gone and you are taking back possession due to non-payment and abandonment.
File Private Complaint before JudicialMagistrate – If nothing materializes atpolice level, file a private complaint under Section 200 CrPC before aJudicial Magistrate seeking interference for illegal possession and fraud.
Considering the threats from creditors, do not break the lock by force, but act lawfully. There is a better chance of getting an injunction or filing a strong eviction suit byconsulting a property lawyer to get the relief speedily.
