• Abandoned house by tenant

What can the landlord do if the tenant has abandoned the house. The tenant has not paid the rent for last two months and also has not paid any utility bills.
Also, the tenant is not contactable through phone.
The house is locked with some furniture of the tenant only.
Asked 7 years ago in Civil Law

2 answers received in 30 minutes.

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6 Answers

1) issue tenant legal notice to vacate the house for non payment of rent

2) the notice should be served at address mentioned in agreement

3) if tenant refuses to vacate file eviction suit

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

Dear

Sir..related this issue..you can file one complaint ..in police station .in the presence of police employee .you can break the lock.

Regards

MOB-NO-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. You have to wait few more months.

2. If after six months there is no news of your tenant you can lodge a missing diary with the local police.

3. thereafter on informing the police you can remove his furnitures and take possession of the flat.

4. DO note without informing the police in writing you should do nothing.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Enter the house and take possession of it. You are free to break open the locks, but give its intimation to the jurisdictional police station. If the present address of the tenant is known to you then file a suit for recovery of money against him to recover the arrears.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You have to issue a legal notice to the tenant to vacate the rented premises for default in rental payment as well the utility payments.

No doubt the notice will be returned undelivered since the tenant will not be available in the address to receive the same.

You can file an eviction petition before the rent control court seeking to evict the tenant for the cited reasons and after getting a decree in your favor you can file an execution petition to execute the court order including permission to break open the lock if the tenant is not available or traceable.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Dear Concerned,

There are two ways to do this

a. You may choose to break the lock of the house and send the furniture to the address as mentioned in the Lease deed through a transporter

b. write a complaint to the local police for illegal trespass and request for their presence when you break open the lock and follow the point a. .

c. File a case of possession in the concerned civil court and obtain an order for execution breaking open the lock and taking possession of your house.

d. You may also choose to not do anything as mentioned above and has to act SUPER ACTIVE / SUPER FAST in breaking open the lock of the house , getting the stuff out of the house (sending it to address of the tenant) and then be prepared to get a case filed on you may be for theft or illegal tresspass.

PLEASE note if the lease tenure is over and there is no sign of the tenant - you may break the lock and take the possession of the house without any issues.

For detailed free discussion and to discuss the strategy to act on the subject please feel free to contact us.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

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