Issue legal notice to lessee to vacate premises
2) file suit fir eviction if they refuse to do so
3) also seek recovery of arrears of rent
4) also file police complaint of criminal intimidation against the lessee for threatening your daughter
How to re-possess property from a non-paying tenant who also violated registered lease agreement
I am an 80 year old senior citizen widow who owns a residential property in Dwarka, New Delhi. I gave the property for rent to a tenant in October 2021 via a registered lease to run a paying guest house. The tenant paid half a month’s rent for a few months and then stopped paying. Further, in violation of the lease agreement, the tenant sold majority business interest in his business to another party in April 2022. The lease specified that the tenant had to seek our written consent before selling his business at the property. He failed to do so. Now the other party has seized the premises and are running an unlicensed hotel operation in a residential area. Further when we asked them to vacate they threatened my daughter and my physical security. What legal remedies are available to get the possession back / get them out including criminal remedies under IPC, civil remedies and others?
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
You can file a suit in the court for law for evicting the tenant from the property in lieu of violation of the lease agreement.
You can also claim rent arrears in the said suit.
- By transferring business interest to third party lessee has forfeited his right to continue. You can seek eviction of third party as he is illegal trespasser in your property. File suit in civil Court for his eviction seeking damages, you need to add both of them as parties to the suit.
- As the current occupier is not a legal lessee his possession is illegal and therefore he is not entitled to get the license from MCD to run his business the premises. Either he is doing business without license or has obtained license by submitting a fabricated lease deed/rent agreement. Make a complaint the MCD for cancellation of his license/permit as he is trespasser. He cannot do commercial activity in residential zone under MCD Zoning Rules.
- File a complaint against this trespasser in the Court of Magistrate for house trespass under Section 448. Punishment for house trespass is imprisonment of one year.
- You can take all steps at the same time.
First, you should file a written complaint with the city’s superintendent of police (SP), where the property is located. In case the SP fails to acknowledge the complaint, a personal complaint in the court concerned can be filed.
You could also file a police complaint about the same. Keep a copy of the FIR safe for future reference. The authorities will be obliged to take action under Section 145 of CrPC.
You could seek relief under Sections 5 and 6 of the Specific Relief Act, under which a person dispossessed of his property may recover his right, by proving previous possession and subsequent illegal dispossession.
The tenant based on circumstances can be charged under the following sections of IPC, Section 441 defines criminal trespass, Section 425 deals with mischief, and Section 420 deals with cheating and dishonestly inducing delivery of property. Section 442 deals with house trespass, and Section 503 deals with criminal intimidation.
Also, various states have put in place separate remedial agencies to deal with land grabbing and property fraud cases.
1. File a petition for evicting the party terming them as trespassers.
2. File a police complaint to that effect first complaining that they have trespassed in to your premises without your consent.
Send eviction notice and file eviction proceedings against hin
The original tenant seems to have sublet the property which is contrary to the lease agreement and in violation of the conditions of the contract.
Besides the monthly rental amount have been defaulted wilfully.
These two reasons are strong enough for initiating an eviction suit to evict the tenant and his sub tenant from the rented premises. .
You can file police complaint against them for threats and attempt to kill etc according to CrPc 503.
and file case in the court against both the tenant to vacate the flat which they are running illegal hotel business.
