• Violent tenant wants to live together

got a case filed by the tenant who was violent with us, stating that we asked them to vacate the room rented to them in 10 days threatening them, whereas they are not living, in our house. their room was locked by the police because of another case happened in past, and even for that matter a case 304A was registered on us.Since then we have no contacts with each other. Now police denying the possession of keys with them and they have given it to the tenant to live. we don't want to live with them because of the threat from them, and have no rent agreement signed between us. We just given them to live as they being needy, for which they used to pay, for which there was no such receipt signed, as everything was at per trust. few months back the lock was done by the police. Since then we didn't ask nor they made any payment to us The concern is we don't want to live with them.Verdict of court for the case filed by them will take time to evacuate them. what should be our remedy for the time being so that we stop them to not to live as they being violent to us and can harm us. police said we will not stop them from living in the rented house. They are not paying, no agreement. Why can't we stop them to live, or ask them to evacuate. If they come to live and we stop them, they will  call police, and file another Fir/complaint/case. How should we protect ourself.
Asked 2 years ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) install CCTV cameras around the house 

2) record the threats if any received from tenant . 

3) issue them notice to pay rentals for room occupied by them . you can terminate the tenancy for non payment of rent

4) file eviction suit 

Ajay Sethi
Advocate, Mumbai
27227 Answers
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1. The police might have locked the leased premises in relation to the case which was previously registered, but on the basis of the case which was registered you cannot stop your tenants from living in the leased premises. 

2. Your remedy is to file a case for their eviction in the court. The court can pass an order favourable to you even on the first hearing of the case. 

3. Police has rightly told you that it cannot stop them from living with you.
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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If no agreement was made between you and them then on what basis did you refer to them as ''tenant'?
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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Hi, you can not ask them to stop tenant to live in your premises but you can issue a legal notice ask him to vacate the property and if he does not vacate the property then you can file a suit for ejectment.

2. If they are violent to you then you can lodge a police complaint against the tenant and right now you have only remedy.

Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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1. You can not evict them without due process of law,

2. File an eviction suit against them immediately,

3. If you forcibly stop them in entering in to their rented premises, they can file FIR against you which will lead you to further trouble.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
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