• No rent agreement, conflict between landlord and tenant

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?
Asked 30 days ago in Property Law
Religion: Hindu

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15 Answers

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.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

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

 

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

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

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

1) issue legal notice to tenant to vacate premises 

 

2) if he refuses to vacate inspite of notice file eviction suit 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Water and electricity are essential services and cannot be disconnected by you 

 

2)) they are staying illegally so file eviction suit 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

In eviction suit you should claim arrears of rent 

 

you cannot take out your belongings like TV , fridge 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

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.

 

 

T Kalaiselvan
Advocate, Vellore
69353 Answers
929 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
69353 Answers
929 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
69353 Answers
929 Consultations

5.0 on 5.0

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.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

- 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

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

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