• Tenant - violation of rental agreement, absconding

I have a situation where the tenant has not paid rent, electricity bills, monthly maintenance fee, etc. A Notice has been served to vacate immediately. The tenant is absconding, his whereabouts is unknown and his phone numbers invalid. The apartment has all his material possessions. We have locked the apartment with an additional padlock. The Notice has been pasted on his front door. It is more than 21 days since the notice has been given. The rental agreement is of 12 month duration of which 4 months is over. Here are my questions:
1. What are my options?
2. Is there a protocol to be followed regarding disposing the material possessions of the tenant?
3. The tenant has parked a motorcycle in the parking lot and it is registered to a company i.e not in the tenants name.
4. Is there a stipulated period of time before the landlord can administer the tenants possessions in a meaningful way ---- sell the possessions and recover statutory expenses due.
5. Do I need to go to court before I can do any of the above?
Asked 2 years ago in Property Law from Hyderabad, Andhra Pradesh
1. File a suit for eviction after sending eviction notice. Thereafter file eviction suit which is expected to be heard ex-parte.
2. Do not remove his articles and take possession of fault by force. He may file criminal case of theft and burglary.
3. Good. Send the notice and summons of eviction suit additionally to the company address.
4. You can file eviction suit after giving him a full calendar month of time to vacate the premises.
5. Yes, going to court is the most suitable and wise option.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Default in payment of rent is a ground on which the tenant can be evicted by the landlord.

2. You have issued the legal notice. Now file a suit for his eviction in the court.

3. It is illegal on your part to lock the premises leased out to the tenant. If and when he returns he will be entitled to enter inside the premises and stay therein. You are legally obligated to hand over the keys of the apartment to him when he demands. He cannot be evicted unless and until there is a court order directing him to leave.

4. It will be further illegal to remove his articles and take possession thereof or to dispose them in any other manner.  His articles cannot even be touched, let alone disposed. He may file a criminal case for theft and trespass against you. Furthermore, it will dilute your remedy to seek the eviction of tenant through the court. 

5. As mentioned earlier, file a suit for his eviction.
Ashish Davessar
Advocate, Jaipur
18208 Answers
449 Consultations
5.0 on 5.0
Hi
1.you have to initiate legal steps to evict him.without a court order you can't sell or attach his belongings to get your dues

2.since notice has been sent,now you should proceed in court by filing an eviction suit

3.in the suit you can pray for the reliefs and you will be able sell his belongings only after an order by the court to pay he doesn't pay.such situation an attachment oeder sould be obtained .
4.get his permanent address so that court summons can be served.
5.once you file eviction suit if he can be traced try to end the matter to avoid long battle in the court.
6Meanwhile file a complaint in the police to avoid any future trouble. It is better to intimate the police that he is absconding.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1.you should file an eviction suit in the court and get orders to evict him on the ground of rent and other dues.
2.it is not advisable to lock the premise as he is in within the term of contract
3.any action of detention of his belonging or hindrance to his access to house shall be cited against you in court
4.file evciction suit as early as possible you shouldenquire the company address and try to get his weareabouts.check ifyou can get his permanent address .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, issue legal notice ask the tenant to evict the premises as the tenant has violated terms of the rental agreement.

2. There after file a suit for eviction and after the order of the court take possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) as advised by experts you have to issue legal notice to tenant to vacate premises on account of default in payment of rent  

2) file eviction suit 

3) if tenant does not appear in court suit would be decided exparte in your favour 

4)you cannot place an additional lock on the house . it is still legally in possession of the tenant . 

5) for removal of his belongings you need court order
Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
if the tenant gives a letter in writing that X person is authorised to take his belongings on basis of authority letter you can hand over possession of his belongings 


2) prepare list of his belongings . obtain signature of person taking the belongings in presence of 2 witnesses whose signatures should also be appended .

3)if no authority letter is produced to recover possession you will have to move court as advised by police
Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
1. The vacating of flat and removal of his goods by authorized agent of the tenant is good option and you can go for it.
2. If this does not happen then suit for eviction as sated above is only option left.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Unless the tenant authorizes you in writing to hand over his belongings to some one else you cannot do so. If you act otherwise he can prosecute you and also sue you for damages. 

2. As advised earlier, you have to file a lawsuit for eviction of your tenant.
Ashish Davessar
Advocate, Jaipur
18208 Answers
449 Consultations
5.0 on 5.0
Hi,
1. if the authorization is given to any agent through a registered power of attorney and it specifies that power is given to take away his belongings and finalise the rent deal with you , you can go ahead with it. Unless a proper authorisation addressed to you by the tenant it is a risk you are undertaking by emptying the belongings.

2. File eviction suit and get appropriate order
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) If the tenant has given a written authorisation to the agent you may clear the premise of his belongings after listing and numbering them and hand them over to the witness in the presence of the two witnesses who should also sign on the list of items besides the agent. It is unsafe and illegal to take any such action in the absence of a written authorisation.
2) Filling for eviction is your best alternate option.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
you should file suit before court of small causes for eviction and recovery of rent with interest. he is absconded then after service of court notice and his non appearance in the proceeding court has power to sell all the article in the house and pay you rent and surplus shall be deposited in the court. you should not try to sell it if you do so it is crime.
Shivendra Pratap Singh
Advocate, Lucknow
2773 Answers
41 Consultations
4.9 on 5.0
1. The tenant has not yet vacated his tenanted premise and is still a tenant of yours,

2. You can neither put a pad lock on his doors nor take possession of thesaidmpremise leave apart selling his property,

3. File an eviction suit for evicting him,

4. You can deal with his property only with court order.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If the tenant has authorised anybody in writing to deal with his articles, then only you can allow him to clear his articles,

2. If anybody claims himself that he has been authorised by your Tenant to remove the articles then you should not allow him to do that,

3. You shall have to cat in this regard strictl based on court order against application filed by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi, if some authorized agent vacate the premises then it is better allow him to vacate so you can take possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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