• Tenent moved out but threatening to take out interiors

I have own building from which tenant moved out recently. I have returned advance, taken the keys and we signed a full and final settlement agreement. One condition is he an take his equipment in five working days.

He started dismantling his items and interiors which is fine. But I realized his plan is to remove structural items like windows and tiles as well. What can I do to stop him legally. This is urgent.
Asked 7 months ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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10 Answers

Your tenant cannot remove the windows and tiles 

 

2) he can at most take his equipment installed by him from house

 

3) issue him legal notice not to remove titles and windows etc 

Ajay Sethi
Advocate, Mumbai
82713 Answers
5254 Consultations

5.0 on 5.0

If the property is located in a gated community or has a facility management system, have a facility person or yourself or someone supervise the removals he is doing. You can also restrict access to the property unless guided or supervised through gate management system that most of the societies have these days. For this inform the association beforehand.

 

A tenant cannot remove existing fixtures other than those that belong to him. If the above doesn't work, you can send him a notice for damage to property. if you still fail to restrict him from entering your property you can also restrain his trespassing through court. However, I will suggest following the first method as it is simple and should take care of this situation.

Aniruddha Chakraborty
Advocate, Bangalore
37 Answers

5.0 on 5.0

Restrain him physically.  I wonder what he would gain by taking these. 

Anyway you can keep physical vigil to watch his deeds.

If he has already damaged the property then you can seek damages. 

However the dispute may increase if in the rent agreement you failed to mention the description of your interiors. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

 He cannot remove permanent structures which were installed by you. File a police complaint against him.

Ashish Davessar
Advocate, Jaipur
30646 Answers
896 Consultations

5.0 on 5.0

Dear Sir,

You may lodge complaint against tenant as he is not suppose to take permanent fixtures of the building so also your case is supported by documents.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

1. Is is entitled to take away all the items which he has installed.

 

2. If he had replaced your windows with that of his, then he shall have to put back the windows which originally were fixed in the rooms of the property rented to him.

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 Consultations

5.0 on 5.0

If the structural items have been fixed by you and do not belong to the tenant, you may stop him from removing them. You can issue a legal notice or even make a complaint against with local police for stealing your property.

You can file a recovery suit also for the damages and also for compensation of items stolen by him while vacating the rented premises.

 

T Kalaiselvan
Advocate, Vellore
72799 Answers
1111 Consultations

5.0 on 5.0

- Legally the said tenant having no right to remove the items installed and fixed by you , and also cannot damage the fitting and fixtures . 

- Only the tenant can remove the items which is movable in nature .

- You can lodge a compliant against him , if he is damaging the tenanted premises . 

- Further , if already has done , then you can claim the damages after sending a legal notice to him. 

Mohammed Shahzad
Advocate, Delhi
7091 Answers
74 Consultations

5.0 on 5.0

Hello,

  1. You must file a complaint with the local police immediately and provide them with a copy of the settlement agreement.
  2. Request immediate deployment of police personnel to prevent the guy from taking away what does not belong to him.

S J Mathew
Advocate, Mumbai
3293 Answers
147 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.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

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