An offence of unlawful restrain is committed by the tenant by restraining you from accessing your property. File a criminal complaint in the Court of Magistrate under Section 342. Direction will be issued to police to investigate, file FIR, produce the tenant in Court and submit charge sheet. The offence is compoundable (can be compromised) you can take compensation and compound the offence. Any civil proceedings will take longer time. Though you have such option.
Tenant vacated the house and did not return the keys
Hello Sir, Tenant who was living in my place mentioned that he would vacate the house on Aug14th. He vacated the house but did not
Asked 1 year ago in Property Law
Religion: Hindu
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Hello Sir, Tenant who was living in my place mentioned that he would vacate the house on Aug14th. He vacated the house but did not return the keys. We tried to call him and blocked our numbers and not replying to the messages. What would the right course of action. Please advise.
Asked 1 year ago
You can effectively pursue legal proceedings from abroad by issuing a GPA to your friend or relative in India. Execute a GPA on 100 rupees Indian bond paper or even on white paper in favor of friend or relative in India giving him power to do all such things you are entitled to do. Get the GPA attested by Indian Consulate/ High Commission which will be done readily. Send the GPA to the person named, he can file a criminal complaint for you.
I have a tenant. 6 years before a rental agreement was entered for 11 months. Later the agreement was not renewed and she continued to stay around 6 years. She died last month. Her son (not part of the rental agreement) gave two months notice to us stating that he will vacate the flat. He moved all his belongings from my flat to some other place a couple of days before. But he has not handed over the keys of my flat to us. Further he has not paid the rent during notice period. Please advise.
Asked 1 year ago
You should have demanded the tenant to handover the keys of the rented premises if it was your lock, if the lock belonged to tenant, you could have asked him to remove his lock.
If he has settled all the dues towards this tenancy then you can inform the tenant to either remove his lock or you may break the lock open.
How did you come to know that he vacated the house today?
Were you present at the time of he vacating the rented premises?
You can wait for him to contact you automatically for a week' time then you can take action to break open the lock provided he has settled all the dues towards this tenancy, if not you can issue a legal notice to him and demand him to pay the rent til such time he delivers vacant possession of the rented premises.
Issue tenant legal notice to hand over keys of your flat
Act as mentioned herein above
Issue him legal notice to pay rentals
contact a local lawyer
Thank you for answering my questions. The secretary of the building contacted us to let us know that the tenant vacated the house(we were not present when the tenant vacated the house. We are living in a different state). We contacted him multiple times to pay for the damages (as the current condition of the house is very bad and it needs multiple repairs to get it fixed before giving it for rent in the future) and to return the keys as well. Eventually he blocked our phone numbers and not even replying to the messages. We want to resolve this amicably and don’t want to get into legal proceedings. My intention is to get the house fixed and give it for rent. Since we don’t have the keys I am not sure if can we break the lock without falling into any legal issues. Please advise
Asked 1 year ago
Don’t break the lock
iasie Ex tenant legal notice to hand over keys of flat
You cannot get any relief if you do not take any action against the tenant when he has already vacated the premises.
Especially you cannot able to do anything on it by sitting in a far of place.
If you were already knowing about the tenant vacating the premises in advance you should have been prepared to receive the proeprty at the time he vacates the premises.
Your lethargy towards handling this critical issue will cost you dearly especially you cannot be able to recover the dues or damages from the tenant until and unless you hold back the earnest deposit or the advance amount .
If you do not want to break open the lock, you have no option than to send a send a legal notice either by yourself or through a lawyer demanding the tenant for a proper handover and delivering of the vacant possession of the premises.
If you do not want to get into legal action then yo may have to personally visit the tenant wherever he resides and pull his collar demanding your dues.
If he has some stuffs inside he can sue you for theft. It's better you send him legal notice and file eviction proceedings
Thank you for all your answers. I had to travel to abroad for work related reasons and I could not present in the location when this happened. But I did make arrangements to get the keys from this person by contacting the building secretary and neighbors (for help as I was not available in the country). Does this mean I won’t be able to access my home till the legal proceedings are completed.
Asked 1 year ago
You should issue legal notice to tenant to get your house keys
if you want to recover penal rent do t access your flat with your set of keys
It was your fault to allow the tenant to occupy your flat beyond the original tenure of rental agreement.
Besides you have not demanded the months of rental amount from the deceased Tennant's son is another fault on your side. Now you can send a legal notice to tenant demanding the rental amount and follow it up by filing a money recovery suit.
You can break open the lock if you strongly believe that the tenant moved out all his belongings from the flat at the time of vacating the premises.
In that case you don't have to initiate any legal proceedings against the tenant.
If he initiates any legal action you can challenge the same as per law.
You can access. File a complaint that you presume illegal activity at your place and break open the door in video presence.
- Firstly you can approach the tenant for returning the key , if no response , then send a legal notice to the said tenant for the same.
- Further, you can break the lock after taking the consent of the secretary ,and after informing the police official
- Otherwise , you will have to file a petition before the court.
The first thing you have to remember is that do not break open the lock as legally it is considered to be under his tenancy as long as he does not return the keys. Now what you can do is Issue a legal notice asking him to return the keys and do clearly mention in the notice that he is supposed to pay the rent till the date he hands the keys over to you.
Send him a legal notice calling upon him to lawfully deliver you the re-possession of this erstwhile tenanted house.
If he does not responds yo the legal notice, or fails to abide by it; you have no option but to tale legal measures against this fello.w
