• Leave and license

I had given my flat in Pune on 11 months leave anlicence from 15 SEP 2014 to 14 Aug 2015.The licensee used to delay making payments due to financial difficulties and on 24 June 2015 he gave in writing that he  would vacate flat on 15 July 2015.Accordingly he vacated on 15July but had no money to clear electricity bill of Rs 7150.He signed  the letter handing over possession and I have put my lock.He has left his furniture behind saying that he  would  remove his furniture in 2-3 days after clearing electricity dues.Now it is over two months and his where abouts are not know. He is not responding on his mobile. Registered letter to his permanent address has been returned undelivered.Please advice what I should do with his furniture.
Asked 1 year ago in Civil Law from Pune, Maharashtra
1) do you have his email id ? 

2) send an email to him that although he had vacated the flat till date he had not removed his furniture 

3) request him to remove within period of one well faking which you would dispose it to recover your dues 

4) attach unpaid electricity bill  to email 

5) don't dispose off his furniture unless he replies to email 
Ajay Sethi
Advocate, Mumbai
23351 Answers
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Hi, you can sell the property and recover the electricity and other charges from the furniture if possible better you can publish paper publication for sale of furniture.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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No it is not good to dispose his furniture without serving a proper notice. Please wait for some more time and find out his new address. Think that 7500 is the outstanding balance due to unpaid electricity bill.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. While vacating the flat had he given any letter to the effect that he is vacating the flat and handing over its possession to you?

2. If not then he can create problem later on claiming that he has never vacated the flat,

3. However, send a notice  to him asking him to take back his furniture and pay you the balance electricity bill within 30 days failing which you will be constrained to sell those furniture and recover the said amount,

4. After that publish the notice in two local Newspaper one being in Vernacular,

5. Wait for 30 days after which publish a sale notice in Newspapers in the same  way and get those furniture sold,

6. After paying the said pending  electricity bill, keep the balance of the sale proceed in an interest bearing bank account.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Yes, you can dispose of those furniture by following the procedure as detailed in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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It would be illegal to dispose his furniture to clear his outstanding dues since he has not given any instruction to that effect. 
If he was employed you would be having his office address atleast name of the office where he was working, try that source.
As a matter of fact since he has left behind his property in the house it can be deemed that he has not vacated the house.
You  may refer to the clause of the L & L agreement with regard to recovery of balance dues and initiate necessary action accordingly.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. You cannot sell his furniture unless the leave and license agreement created a lien on his furniture.

2. The sale of furniture, in the absence of lien, will make you liable to criminal prosecution.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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