You can't lock. You can file eviction suit and evict her.
I have given my office space on rent 3 months back. I did the registered rent aggrement, but still I have not received rent and security deposit yet. Also security deposit cheque got bounced 2 months back. Also I had given 115000 rs to tenant to buy furniture ,out of that he bought furniture of 30000 rs only, remaining he used my money . I am planning to lock my property imediately and file the police complaint . Please advise what should I do.
But why to file file eviction suit since didn't receive single penny according to agreement, not received rent and not a security deposit? Also what legal consequences if I locked my own property?
Once you have given your premises on rent by registered rent agreement and your tenant has failed to pay rentals you must terminate the agreement ask tenant to deliver possession of premises
if he refuses file eviction suit
You cannot take law into your own hands
you have to follow due process of law
file eviction suit if he fails to vacate
What about the 1,15,000 rs I had given to him to buy furniture but he used my money for himself. Can I file police complaint for cheating or fraud?
If while sending funds it was specifically mentioned it was for buying furniture and he misappropriated funds then file police complaint against him for cheating
You can lock the property and make complaint against him for not completing the contract.
You had paid advance money to him, under fraud and misrepresentation you can file case against him.
Hi
You need to go by the terms and conditions of your Rent Agreement. Give notice of eviction followed by suit for eviction.
Coming to cheque bounce you need to give notice under section 138 of Negotiable Instruments Act and follow procedure accordingly.
You cannot lock the property arbitrarily, if you do so, you will have to face criminal proceedings.
You need to follow due process of law.
If the amount of Rs.1,15,000/- is given as loan you have to file for recovery of the same.
All said and done your tenant is defaulter in all the aforesaid cases and you can also lodge police complaint against him.
no you have to file eviction suit underground after first payment and rent outstanding please be aware that you have to pay required Court fees for both the amount you are claiming as well as Court fees for eviction suit
Locking the door is only a shock treatment, but the civil law does not allow doing such a thing. Beyond your basic legal rights, your tenancy agreement may grant additional rights and responsibilities to the tenant and/or landlord. Threatening or personal attacks will create problems for you. Thus, it is better to adopt a friendly and firm behavior while dealing with the clients. First issue legal notice terminating his lease and tenancy and also instruct him to pay the arrears of rent. If he failed to respond your notice then file suit for eviction.
Your case is a fit case for eviction. For the misappropriated funds you can file a police complaint against tenant.
If it is given on rent agreement you can not lock it.
If given on lease with a specific terms of reentering the property in case of any violation of terms you can reenter and lock it after giving proper opportunity to remove his belongings.
If it is leave and license you can follow the same procedure as to lease agreement without having any specific clause of reentering.
Otherwise eviction suit to be filed.
For cheque bounce you can file case under NI act.
For money given to buy furniture you can sue him both under civil and criminal law.
See if there is rent agreement and tenant is in possession of the property then in that you cannot lock property you have to file a suit for recovery of amount and possession of property.
Also you can file a police complaint for same.
1. This is a civil dispute and to oust the tenant the police has nothing to do.
2. You can though file case of criminal breach of trust if the tenant has utilised your money for his personal gains.
3. To evict the tenant on the ground of default of rent and breach of terms of tent agreement you have only option of filing a suit for eviction.
4. You can not lock your property even if the tenant has defaulted in paying rent.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
3. Install your own Lock on your property and "IF" at all the Police question you, inform them that you have already lodged a police FIR and that locking /unlocking is a "civil" matter.
Dear Sir,
Most of the time, you will need to file a suit in court for eviction. Even after that, they may not leave voluntarily and you may need to have the Sheriff go with you to enforce the eviction order.
However, every state has its own landlord-tenant laws and you should become familiar with those laws or obtain a consultation with a lawyer to know what steps you can take.
You should not f lock until you make sure that tenant abandoned the property.
If she has any belonging inside she can file a false theft case against you. If you still have no issues you can lock the same and take possession taking police help. Police will break open and do panchnama. You can say that the said tenant absconded. If you feel like that tenant will not come back you can take your possession
Even if the tenant has not paid rent, has destroyed property, or has violated a term in the lease or rental agreement, a landlord may only legally remove the tenant by following state eviction procedures.
your tenant can file a case of temporary injunction and also he can File a criminal complaint against landlord for misappropriation and criminal breach of trust under the Indian Penal Code.
better contact local lawyer issue a legal notice and file eviction suit and recovery of money suit.
You can lodge police complaint for cheating offence, i.e., after taking huge amount and utilised very less and also for cheque dishonor.
For removing him from the premises you may have to approach court with an eviction suit only.
You cannot take law into your hands.
There is a valid rental agreement between you both hence you cannot lock the premises on your own.
You can obtain an order of injunction against him restraining him from using the premises till such time he would pay the arrears of rent and also the security deposit amount.
Yes, you can very well lodge a criminal complaint on this count for the offences of cheating, breach of trust, and playing fraud on you.
Dear
you should serve him a legal notice through your advocate for vacating your property and refund the money he has taken to buy furniture.
if he fails to vacate the premises then you can initiate legal proceedings against him.
if you lock your property then he can file suit for forceful eviction against you under rent control act.