• Tenant hasn’t been paying rent for a year

I have a flat in Hyderabad and it been on lease since 2009 and every year we make a new agreement (specifically every 11 months) and since I’m a Canadian citizen and I rarely visit India. So I made my mother and younger brother responsible to collect the rent. Everything was going smoothly until this April when when the lease ended he stopped paying all together for at least 6 months now. And when we tried to reach him out he’s been ignoring us full time. So when my younger brother finally when to see him face to face and the tenant told him he has licensed gun and he’s stating that he won’t leave this house and the only we to approach him is by civil or court. And when I tried to call him from here in Canada he’s threatening me over the phone saying if I come to India he will make sure I won’t leave there alive. Please help. 

Thank you
Asked 1 month ago in Property Law
Religion: Other

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12 Answers

Dear Querist

Immediately issue a legal notice for eviction and termination of tenancy under section 106 of Transfer of property Act, after notice period, you may file a civil case against him before the civil court of area where the property is situated.

 

For the threatening you may file a criminal complaint against him before police station of your area where your family is residing or tenant is residing. He may be prosecuted for the offence of criminal intemidation and breach of trust too under section 406/506 of Indian Penal code-1860.

 

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6140 Answers
292 Consultations

4.9 on 5.0

Issue legal notice to tenant to vacate premises 

 

if he refuses file civil suit fir eviction 

 

execute POA in favour of family member if you are 

unable to come down to India 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

You have to first send him a lawyer's notice demanding payment of all rental arrears and handing over vacant possession of your flat on or before a deadline. In it, you aver that as the lease has already expired, he will be treated as a 'holding over' tenant. You may also add that you will appropriate the rental advance, if any, towards arrears of rent due from him and he shall be liable for the balance, if any. If there is no positive development, you may proceed to file an eviction suit at the jurisdictional court. If you feel his threat is real, you may lodge a police complaint based on the electronic evidence.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

You need to first file a police complant him for the threat. Then send a legal notice for eviction and file eviction suit. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

I believe you have a termination clause in the lease agreement! Refer to that and serve the lessee a legal notice on termination. Please ensure to file caveats before the concerned courts where there's remain a prospective chance to award ad interim injunction against you. In case the lessee does not turn up as per the legal notice, please don't hesitate to initiate an eviction suit. Further please consider not to extend the lease as well!

Aside file criminal complaint against the lessee for causing you death threat. Please see that if you can move a 156(3) application and it gets allowed. 

Pradipta Nath
Advocate, Durgapur
26 Answers

Not rated

Hi ,it is advisable to file a civil suit for eviction on the grounds of default of rent ..

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

Dear Client, 

You can approach the designated authority in your state. Under the Rent Control Act, every state government has appointed a competent authority to oversee disputes related to rented property within its borders. In case either party is not happy with the decision given by the state competent authority, you may approach the small cause or city civil court. The police can act once the judicial order arrives in favour of the landlord and the court orders the tenant to vacate the property.

The police can only intervene if the tenant is involved in an illegal activity. It has no jurisdiction if the tenant refuses to vacate the premises or pay rent.

Since the tenant is in possession of a dangerous weapon and is making dangerous threats, it would count as unlawful activity and the police can be approached.

Thank you. 

 

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

You first have to issue a legal notice instructing him to vacate the premises since the lease agreement expired and he is not paying any rental amount for the past six months or more.

After that you may straightaway file an eviction suit before the concerned court.

You may ignore his threats or can report by a complaint with the police about the persisting threats from his side based on the gun he possesses and seek protection. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

In the event of the expiration of the lease agreement and not renewed for whatever reason, the tenant can be termed as an illegal trespasser in the property, besides the default in monthly rental payment would enable the landlord to evict the tenant from the rented premises by following the due process of law..

If you are not able to be present in India for prosecuting the eviction suit, you may give power of attorney deed to yor brother who will represent you in the court during your absence. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

- Legally a tenant cannot claim ownership of a tenanted premises on any ground and his status will be continued as a tenant. 

- Further, without paying rent to the landlord , a tenant loose its right to stay in the tenanted premises, 

- You can send a legal notice to the said tenant to vacate the premises and to pay the arrears of the rent. 

- If not vacate , then you can file an eviction petition before the court to get the vacant possession of the tenanted premises and to get the full dues of rent. 

- Further, for his threatening , you can lodge an FIR against him . 

- Since, you are living abroad then you can give SPA/GPA to your mother or brother for engaging a lawyer and your presence is not mandatory. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

You should first file a police complaint and then send a legal notice. Then file an ejectment suit against your tenant primarily on grounds of 'personal necessity'. In case he has caused any damage to the flat, then you may add 'impairment' as another ground. In case he has not paid the rent, then that too may be added as another ground for ejectment.

Indu Verma
Advocate, Chandigarh
38 Answers
4 Consultations

5.0 on 5.0

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