Hello, I have dispute with my tenant with regards to vacate the flat as they are not comfortable during bathroom renovation although same was agreed by tenant before commencing the renovation work. So, as a landlord I have informed to tenant that if they are not comfortable then they may want to leave the premises. Then tenants were demanded to settle the deposits and a rent, which I have already transferred back to them as full refund since it was only 20 days when tenants entered to my house. Tenants said that after transferring the full amount then Only they will vacate the house. After refunded full amount to them , now tenants are not leaving the house and also not paying the rent, electricity and other expenses. Tenants are also not confirming when they are moving out of the house. I have also given sufficient time which is 30 days for searching a new flat. Now it has been more 50 days staying at my premises without paying single penny. As a landlord what suppose to do after all this?
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You shouldn't have refunded the money so easily unless they had found a flat and had begun to shift. Anyways lodge a complaint with the police that they are illegally occupying the house. You may file a suit for eviction but that may take some time.
Lodge a criminal complaint against them before a magistrate.
Essential supplies like water and electricity should be cut.
Thank you Mr Rahul for your prompt response. 1. So i have refunded the full amount and now they are not paying anything which is considered that they are staying illegally, right? 2. I have heard that cutting supply like water and electricity are kind of criminal offence? Is this correct. Should I really go for electricity cut? 3. My apology but I didn’t understand this- file criminal complaint against them before a megistrate. Could you please elaborate little And just to add here that when they refused to move out of my house after i have refunded amount fully...I have also call 100 number but then tenants requested few days to vacate but they are still not confirmed about their plans to move out.
Yes that is correct.
Essential supplies shouldn't be cut but tey are now trespassing on the property as they are not authorised to stay there. They don't have an agreement, they haven't paid any rent, they have reneged on their promise to vacate, they have been here for 20 days only.
A criminal complaint before a magistrate for trespassing and criminal intimidation.
It was helpful Mr Rahul, 1.does his father’s medical condition is weaken my case against him because his father is having oral cancer detected recently. Tenants are saying that my father is having this problem and we will not come to police if you file complaint. 2. Shall we proceed with the house renovations which is half way discontinued due to their inconvenience without their permission? Because if start renovating then none of the bathroom toilets are usable and which cause difficulties for tenants. 3. Can landlord enters house for cutting connection like gas pipeline and taking all out belongings like tv , fridge.? 4. Tenants are also threatening us by saying that we will also file a complaint against you for the harassment and all. 5. After i file complaint...Can I ask tenants for payments for all my dues
If they are so concerned about their parents and want everything to be done as per the law, then why do they not pay the advance and the rent etc. And sign a registered agreement? It is clear that they are using this as a shield. They should search for a new house. I think you should start with the renovations. They may shift elsewhere as you had told about it before.
1. No
2. Yes if there is no stay.
3. Only with a Court order.
4. Let them
5. Yes but if they dont then you need to approach court
No worries about the situation and tenants staying in your house.
The first most important part of your duty is always get Leave and license agreement between you and tenants executed before competent authorities under The Rent Act which would bind both landlord and the tenants.
Now the tenants are staying in your house without authority and legal process under the law.
Please approach your nearest police station under whose jurisdiction the house is situated with a complaint either for Criminal trespass umder section 448,452 of IPC against your tenants or breach of peace and unlawful possession disputes under section 145 and 146 of Criminal Procedures Code 1973 for seal and attachment of the property at your request as landlord
You have two Criminal quick process against your tenants under IPC 1860 .and CR. P. C. 1973
1) issue legal notice to tenant to vacate premises
2) if he refuses to vacate inspite of notice file eviction suit
Water and electricity are essential services and cannot be disconnected by you
2)) they are staying illegally so file eviction suit
In eviction suit you should claim arrears of rent
you cannot take out your belongings like TV , fridge
1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Trespassing, Threatening, 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.
You issue a legal eviction notice to the tenant and ask him to vacate the premises within 7 days and deliver vacant possession.
You can also mention about the refund of the deposit s well as the rental amount terminating the oral rental agreement, hence he can be termed as an unauthorised person in the house which can be termed as criminal trespass and liable for criminal action also.
If there is no response you may first give a complaint with the local police for the offence of criminal trespass and then file a suit for ejectment.
Since they are illegal occupant you can get the electricity connection and water supply disconnected.
You cannot take his items out of the house which can be termed as theft or robbery.
You file a criminal complaint against them for the crime of criminal trespass becasue ther is no landlord tenant relationship between you both, hence he is deemed to have trespassed your house.
If the police is sending summons, he has to visit police station otherwise he can be arrested.
He is an unauthorised occupant hence his story of his father's illness cannot make him eligible to stay in that house.
You can proceed with your renovation work, let him object, you can ask him to go to court.
The landlord cannot take away the tenant's items like tv or fridge or anything, it can be termed as theft.
1. You should lodge FIR against your tenant for illegal possession of your house and trespassing. You can also mention in complaint that they are threatening you for false cases and criminally intimidated you.
2. Yes you should start the renovation procedure so that they leave the house due to inconvenience.
- Since, the said tenant is not paying rent and vacating the tenanted premises , then you should send a legal notice for the termination of tenancy .
- If not vacated , then you can file an Eviction petition before the court on the ground of non payment of rent .
- Further , if will discontinue the essential services , then the matter would be complicated , and there is chances that the said tenant will approach the court for getting the same.
1. Yes , it may weaken the case , but the said tenant cannot continue without paying the rent legally , even his father is having trouble.
2. Send a legal notice firstly .
3. No , as i mentioned above
4. Without paying rent , the tenant cannot take legal action against you.
5. Yes
If your tenant is not paying rent regularly and stop paying same you should issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court.
