• Can I lock my property immediately for default payment

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.
Asked 4 years ago in Property Law
Religion: Hindu

18 answers received in 1 day.

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22 Answers

You can't lock. You can file eviction suit and evict her. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You cannot take law into your own hands 

 

you have to follow due process of law 

 

file eviction suit if he fails to vacate 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

  1. It depends on what kind of rent agreement it was. 
  2. If it was lease, then just locking the property to dispossess the tenant won't be legally tenable; as in lease agreement, you are transferring possession rights. So there's every likelihood the defaulter tenant will sue you and succeed in the suit. So rather than locking, you must file a Rent and Eviction suit, to dispossess him legally, and also recover your rent. 
  3. If it's a licence agreement, you can simply serve a legal notice upon him of you revoking the license for his default in rent payment and immediately lock the property. This will be good in law; as in license agreement, you don't transfer any right upon the property. You are just permitting his to use and enjoy the property.... a licence which you have right to revoke by serving a month's notice if you are revoking on your whim, and, if you are revoking for his default, you just have to serve the legal notice without even waiting for the one month period. Have you followed this difference between 2 & 3? 
  4. Now if it's licence and you have have locked him out, then you just file the suit for recovery of rent; and not Rent and Eviction. 
  5. I'm prepared to handle your case and take it to it's logical conclusion. However, I need an exhaustive consultation session with you first and also examination of your agreement. Hence, do pay a visit to me with your agreement.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

 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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

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. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

As he is in possession of property suit has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You have to file suit and recover same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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