• Agreement finish, tenant locked the door and absconding

Dear All,

I had given my flat for rent one year back. 
I have below issues:
1) The agreement is finish
2) Deposit amount is exhausted 
3) Excess Rs 10,000 to recover from Tenant
4) Tenant had locked the door with his belongings inside since 1 month now.
5) Tenants all phones are stitched off. 

I had talked to his brother who used to stay with him, he says they went to native place. I had told him to at least tell the tenant to call me, but he didn't called

Other Issues
6) Agent had not done NOC and Registration, hence police is not entertaining.

What should I do in this situation? Please advice.
Asked 8 years ago in Property Law
Religion: Muslim

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4 Answers

1) file suit for eviction against licencee as period of agreement has expired

2) seek recovery of arrears of rent

3) dont take forcible possession of premises

Ajay Sethi
Advocate, Mumbai
99994 Answers
8163 Consultations

Engage local lawyer and file eviction suit

2) disposal of case would depend upon pendency of cases in small causes court

3) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
99994 Answers
8163 Consultations

The agent or police cannot entertain any complaint in this regard.

You have to issue a notice to the tenant to vacate the house owing to all the reasons stated by you including default in rental payment.

Even if the lawyer's notice is returned undelivered, you can file an eviction suit before the court competent. If the tenant fails to appear or dodges to receive the summons, get an exparte order agaisnt him and file an execution petition to execute the decree along with an application to break open the lock, if necessary with the help of police.

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

1) What is the process of Suit for Eviction

The process to file an eviction suit will be informed by your advocate which actually involves local procedures and local laws, you may engage an advocate for all such further issues.

2) How much Cost and Time involve in it

The lawyer's fee shall be intimated by him/her, the time taken for disposal depends on the prevailing circumstances.

3) Is this the only option I have?

If your efforts through your own sources to get him vacated fails then you have a last resort which is through court by filing an eviction suit.

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

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