We had rented our shop in our native to a tenant. The tenant had not paid rent for 6 months, so we sent a legal notice to vacate. He said he vacated the premise, but said he needed two days time to remove a few furnitures. We had returned the advance deducting the unpaid rent. Now it has been two weeks and he is not answering the phone or whatsapp and is not returning the keys. The shop is locked now. Should we contact the police?
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Issue legal notice to tenant to remove his furniture within period of 7 days of receipt of notice and to hand over keys to premises vacated by him
also file NC with police station that tenant has vacated premises but refusing to hand over keys and remove furniture
The police may not cooperate beyond certain extent, they will retrieve stating that this is a civil matter hence approach court.
However you can talk to the tenant and strictly inform that if he is not vacating the premises he may have to pay the rent till such time he vacates besides he would be termed as an illegal trespasser and would be liable for punishment under criminal laws.
After that you can approach police with a complaint on the same lines.
If he has not vacated and not removed the belonging you can claim rent from him till he doesn't give you the physical possession of the same. Send him a eviction notice and fike eviction proceedings
The address in tenant's aadhaar card doesn't seem to be valid now, as he didn't receive the earlier legal notice in his house. It was accepted in the shop, so with the shop in closed state now, can I send the legal notice in Whatsapp? Or is there any other option? Will police assist in breaking open the lock? Or should I file for eviction in the court and then only take possession?
Send legal notice at his email id
also send it by what’s app
don’t take law into your hands by breaking the lock
obtain court orders to direct tenant to vacate possession and hand over keys
You can complaint to the police if he is not traceable and brak open the lock with police assistance under videography.
- if the said tenant is not removing his furniture and putting a lock therein , then you can lodge a compliant before the police after mentioning that illegally he creating trouble for you.
- Further, if police not take any action then you have to file a suit for eviction or Mandatory injunction suit before the court.
- However, before going to court , you can send a legal notice to remove the furniture and to handover the lock
- If you are not having his correct address, then you can send him through WhatsApp or email as well.
You can send the legal notice and get it returned undelivered after which you can send the legal notice through WhatsApp media.
You can initiate legal action to evict him through court after observing the above procedures.
The police have no rights to permit you you to break open the lock neither it can witness the same without a court order.
Any other action other than by due process of law may develop legal consequences to you.
Issue a lawyer's notice seeking payment of rent at the address of shop. Notice will come back as door locked. File a suit Before Rent Controller seeking eviction on the ground of default of payment of rent. Court will issue notice to tenant which will come back as door locked. Court will order you to publish notice in local newspaper after that Court will pass ex parte order of eviction against him. File execution petition seeking his eviction through Court bailiff, he will file a report of door locked. File an application to break open the lock by Court and handing over possession. Court will get the lock broken and give you possession seizing all his property in the shop. His property will be sold and Court will give you arrear of rent. The whole process will take between 4 to 6 months. This is the only way you can get possession of your property. As the dispute is civil, police will not interfere. Breaking of lock will invite trouble for you. Proceedings for eviction can also be filed before Rent Authority under Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017 but procedure is time taking here.
Dear Client,
Breaking open the lock is not recommended because it is legally considered to be under his tenancy as long as he does not return the keys. Yes, you can send legal notice on Whatsapp or through any other instant messaging option.
