• Tenant not vacating the flat

I had entered into a rental agreement last year with an IT professional which expired on 9/11/2019. When enquired about renewal of agreement in October 2019 the tenant agreed but on 05/11/2019 he called me and said he wanted to vacate the flat as his job location has changed. He is not staying in the flat for past 2 months and He promised to vacate it by 25/11/2019 over the phone. As he is not staying in the flat asked me to enter the flat through a duplicate key to show it to prospective tenants. We found a new tenant in 2nd week of November and even took token advance from him promising the flat by end of this month. In the third week I asked the existing tenant permission to enter the flat to do interior works and he agreed for it. As I was in the flat a woman entered and said that she is tenant's mother in law and there is a marital problem between the couple, hence she and her daughter does not want to vacate the flat. It has been a week since I first encountered the tenant's motherinlaw and the couple has not come to an agreement. The tenant says he is out of town and wants to vacate but the wife and inlaws are not vacating. The inlaws says if the tenant comes and meet them they will vacate. What can I do? What action can I take against the old tenant? can the new tenant take any action against me for missing the deadline of handing over the flat after taking token advance?
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

1) issue legal notice to tenant to vacate the premises 

 

2) also seek arrears of rentals 

 

3) if he fails to vacate file suit for eviction against the tenant 

 

4) return token advance taken from new tenant 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1. The only remedy in your hands is to file a petition for eviction against tenant in the court of rent controller.

2. You are bound to return the token and advance money you have taken from the new tenant, else he may file a criminal complaint for cheating and breach of trust under Sections 420/406 IPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. It is a probable racket by Tenant by creating a artificial dispute by sending some people as Mother-in-Law in the guise of a marital dispute.

2. Since the Tenancy agreement has expired and since you have possession of your property, You can legally disallow ANYBODY to visit /occupy your premises.

3. Lodge an Police FIR against the Tenant & said women for Trespass, Intimidation, Breach of Trust etc.... The matter would be settled,

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

File a police complaint against  mother in law of tenant.Also mention that the tenant is orally vacate the room after the termination of agreement. And norther in law make troubles and illegally tress pass the property .  If not get a remedy from the police then only available remedy is to file a petition for eviction against tenant .

Ajay N S
Advocate, Ernakulam
4010 Answers
96 Consultations

5.0 on 5.0

File FIR, tenant mother in law in trespasser. Video graph the incident and vacate the items of old tenant. Legal process will take long time.

New tenant can only demand refund.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

 

you may send old tenant a legal notice, thereupon giving him time that in case he does not reply then you will enter the premises.

the new tenant at max may ask you for refund of the advance that has been made.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

You can evict forcefully the mother-in-law since she is a trespass by intimating all the developments to the old tenant and police. Secondly ask the new tenant to wait for sometime till it is got vacated. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

A. First, issue a legal notice to the old tenant to vacate the premises and record the all the facts in the notice. The possession of the tenant even after completion of term of the lease is amount to " possession at sufferance which amount to close to Tress pass" but not complete tress pass. 

 

B. You need to file a suit for eviction before the court in the event of old tenant fail to vacate the premises even after issued a legal notice.

 

C. You can return the token advance to new tenant by online transfer as no agreement executed between you and new tenant and talk to them as to non availability of premises. Don't worry, new tenant can't take any legal action against you except recovery of money (token advance with interest) and nominal damages subject to establishment of case . First try to get the possession of the property by approaching court of law. 

 

D. You are entitled to get rent and damages for harassment from the old tenant and you will get an eviction order.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

You can file s Suit for eviction against tenant as per the rent agreement. As per the agreement there should be clauses mentioned the tenure and the rent to be paid per month.

Eviction clause should also be mentioned in the agreement so it can be used in case of a dispute. You can quote the violations of contract in the court and make them a ground for eviction. “There are only two ways of evicting a tenant - once the lease agreement is over or when the landlord terminates the lease by sending a legal notice under section 106 of the Transfer of Property Act. In both these cases, if the tenant does not vacate, the landlord will have to file a suit for eviction in the district court and get an order,”.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

You can file a police complaint against mother in law and wife of old tenant that they occupied your flat illegally and you can seek help of police. 

See if police deny to take complaint you have to file a civil suit.

Further if you donot hand over flat in time the new tenant can take action against you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have promised the new tenant to handover vacant possession as and when it is vacated by the tenant hence ther is no misguidance about it.

Now since there is a matrimonial dispute going on between the tenant and his wife, you cannot ask his wife to vacate the premises since she is not the tenant, however you can issue a legal notice to the tenant to vacate the premises as the original agreement has since expired.

Instead of making simple things complicated, you may better get the problem solved amicably to avoid delayed litigation and the litigation expenses.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You can file the eviction suit in the same and get him evicted as trespasser

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. Rent will have to be paid by the tenant in the court once it is assessed by the court. Failure to comply with the order of paying the rent will invite immediate eviction.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

Well in this case you have a couple of options in your hand . There must be an agreement of rent duly signed by you and your tenant which was prepared during the handover of your property for rent to your tenant .

If you have this then you also have an authentic proof that your tenant hasn't cleared your dues nor has he replied to you (via mail or telephone), nor has he conveyed a message if there stands any financial cause because of which he hasn't been able to pay you the rent for the past couple of months . So in this case as there is no means of conversation from your tenants side you can file a suit of breach of contract against him (if there was a contract between both of you stating the rent has to be payed to you within a particular day which was supposed to act as a deadline for payment) . if you possess all these documents I mentioned above you can get your money back without any fuss . If there was no agreement of rent between you and your tenant then I suggest you consult a civil lawyer as I won't be able to answer what happens when one doesn't have any agreement as a proof.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can file a complaint against the women and her daughter for trespassing in your property without your permission.

You can file a suit for eviction but that will be long procedure and you may suffer loss of rent for that period. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- As per law, if a tenant sublets the tenanted premises , and move elsewhere, then they will losse their tenancy right.

- Hence, now, the old tenant has lost his status of a Tenant, and further the woman who entered into the said flat , without your consent & agreement , is like a tresspasser.

- You should serve a legal notice to the old tenant to evict the tenancy premises , and also to the woman after mentioning that her status is not like a tenant , but a tresspasser , and further warned that if not vacated, then you will compel to lodge a criminal complaint against her. 

- If, no response, then you should file a complaint for lodging an FIR , on the ground of her illegal status into the said flat, a copy of the same should be forwarded to higher police official as well.

- Further, if police not taking any action , then can file a complaint before the magisterate . 

- Otherside, you should file a Mandatory injunction & permanent injunction case as well , against the old tenant after making party to the said woman for taking possession of the said flat. 

- You should not delay for filing the cases, otherwise ,that lady or old tenant will take stay from the court against you. 

- Your new tenant cannot take any legal action against you after expiry of the dead line ,except the refund of the paid advance to you , because you have not breached /cheated to him.  

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

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