• Eviction due not payment of rent and electricity bill for 6 months

One of my father's tenanants who occupied 2 files for office purpose has not been paying rent since Mar 2020 to till date. He last paid his electricity bill for Jan 2020. Now the bill stands to be 20000 now. The meter is on the landlords name so it's more arksome.
Above all, the tenant is traceless since Jan 2020. Never picks up phone neither visits office. Even his staff members are no more staying in there office. The flat is locked so far. Once or twice I could find one of his staff. Asked him to convey the msg. But no one tried to pay the rent or electricity bill. 
If we consider the advance paid by him and adjust it over the arrears, then advance are completely absorbed and electricity bill is still left to be paid.
There was never a written agreement. But recently a month bank we received a call from one of the local banks. Where they enquired about the tenant's whereabouts regarding non payment of loan overdues. He said that they have received a rent agreement. We were socked to here this as there has never been any agreement. The signatures were fordged. The tenant has even managed to get GST number and adhaar on our address using forged rent agreement.
Should we paste a notice on the door of their office for clearing the premises and vacating the same. Or seal the office? Please suggest a way out.
Asked 3 years ago in Property Law
Religion: Hindu

16 answers received in 1 day.

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18 Answers

1) file police complaint against tenant for forgery , for fabrication of documents 

 

2) issue legal notice to tenant to vacate the premises for non payment of rent 

 

3) serve notice at last known address and by email 

 

4) if he fails to vacate file eviction suit against tenant 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

1. serve the tenant with a legal notice regarding termination of the (verbal) rent agreement and claim the outstanding rent,

2. obtain certified copies of the forged rent agreement from the bank & GST office and file a formal complaint against him regarding 420/467/468/471 IPC.

3. do intimate the bank & the GST office that the rent agreement, given to them, was a forged document so that they also can initiate legal action against him 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. You cannot paste a notice on his premises unless it is summons from the court.

2. Serve a lawyer's notice to him to pay the arrears and vacate the premises.

3. You have no authority of law to seal the office. A tenant has to be evicted by following the due process of law.

4. If he does not vacate even after being served the notice then file a petition for his eviction in the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Please approach Police Station for cheating and forgery charges against them and file FIR under section 420,467,471 r/w 34 of IPC .

Let the Police investigate the matter. 

Allowing to carry on business or stay in premises without proper agreement is illegal which is done in your case.

Please do not aggravate it by suppressing it now from Police officers that they have used forged agreement to obtain loan by mentioning the business address of the premises owned by your father. 

Please ask your father to file FIR for cheating and forgery charges against all tenants. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Send a legal notice for eviction and arrears of rent  by registered post to the tenanted accommodation. Since most definitely there will be no one to receive the notice and the post man delivering will even make the observation if some neighbour (or you) informs him that they have not been here from past 6 months. Such observation will come in handy. Preserve the receipt of notice. Now thereafter you can paste the notice on any conspicuous place in the property and take a photograph of it preferably from a camera with a reel(negative to file in court with photograph for proof). All this will be conclusive proof of service of notice in compliance with section 106 transfer of property act. It is important to follow the procedure since service of notice is integral part of eviction suit.

Now I suggest in the notice you mention that you have adjusted the security towards electricity. It will be easier otherwise you have to claim electricity seperate from rent and it becomes a bit complicated.

Immediately file an FIR against them for fraud and cheating and forgery under relavent sections of IPC. If police doesn't register engage a lawyer and file application under section 156(3) before court.

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

1. First lodge a complaint with local police about forgery and cheating. 

2. Then paste a notice of clearing it after a month. 

3. After a month if you break open the lock do so only after informing the police in writing. 

4. Since it may bring counter allegations of theft from their end  you can file suit for eviction instead. 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

You can make fraud and cheating complaint against him and remove all his belongs from the flats and seal the office.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. See for forgery of.the signature you may file police complaint against him. Further you may give an eviction notice to the tenant on his address in case on notice if he fails to respond or evict you may file a suit against him seeking possession of property and the dues.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Immediately lodge a criminal complaint with relevant sections in your local PS and also paste a notice in his door for eviction, also send a legal notice in his permanent address.

You should also file a ejectment suit for this .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

You are suggested to serve the notices at all his available addresses, emails, whatsapp and if not responded by him, file the case. As alternative, you may also submit a police complaint. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes you can paste the notice

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- As per law, a tenant cannot claim for force majeure , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well. 

- Hence, the said tenant is bound to pay the arrears of rent to your father /landlord , and further you can adjust the same from the deposited amount of security deposits . 

- Further , the acts of the tenant is against the law, and you can file a complaint against him for the offence given in the provisions of 420/467/468/471  of the Indian Penal Code

- Further , these are the grounds of eviction as well. 

- Hence, you should send a legal notice to the said tenant on the known address including the tenanted premises for the termination of the tenancy and thereby ask for the arrears of rent including electricity bills etc. 

- If , no response , then file an  Eviction petition before the rent controller /court. 

- If , the tenant will not appear , then you will get ex-parte order for removing his items lying in the tenanted premises and also to evict him. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes you can paste the same on doors and take photograph. You can also do paper publication. And later file eviction suit

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Lodge Police Complaint u/s [deleted] of ipc against Tenant and also issue a legal notice through an advocate and file Eviction suit along with recovery of money. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. First of all lodge FIR against tenant for forging your signatures for obtaining bank loan. 

2. Secondly send a legal notice through registered post on house address of your tenant for recovery of rent and vacating the premises.

3. You need to file suit against tenant for getting eviction orders from court and also make an application for stay on operation of business from your flats till disposal of suit.  

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You first issue a legal eviction notice and get a copy of the notice affixed at his doorstep. 

After that file an eviction suit immediately,  get an exparte orders. 

Then you may file an execution petition,  get an exparte order, take possession of the property with the help of court bailiff. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have to be more vigilant now at least and should not get delayed in filing of criminal cases against him, so that you can have your part more strong if bank suppose to take any action against him.
  2. I would like to apprise you that you can adjust the same and get the electricity bill paid by yourself as the same is on your name, after giving a detail message about all in the form of a legal notice on his number irrespective of the same being reachable or not or to some address if any.
  3. Then you can file a suit for recovery and eviction on the same grounds.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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