Hello Everyone, This is to take suggestions from the experts on how to proceed with My situation legally. As two working girls have come to my house as a tenant in the month of March. After staying in my house for almost 4 months since their activities were noticed as not Good as agreed. I have asked them to vacate the house when i was informed that 5 people staying in my house but allowed was only for 2. Also they have made many damages to my house and involved in wrong activities & cheating of the house owner. Hence, I have noticed these actions & asked both of them to vacate the house immediately in the month of July. But they were not ready to vacate my house and threatened me saying they were women no one will speak against them and only they will support them. I have also informed the same to local police station on 23rd July, as they both were not ready to vacate my house. Hence after police intervene then they agreed to vacate my house & confirmed to police that they will vacate my house by on or before 10th August. Since then, there is no update or rent paid and i am unsure that they vacated my house as agreed, as the house was not handed over to me, till date. As the keys were not handed over yet, but the door is locked all the time. But instead of vacating my house & surrendering the keys to me they went to Sulur police station and complained that I am not ready to return the advance money paid. So, the police have called me to come to station & close the matter at earliest. But i am staying in a different city, i have informed the police, i wont be able to make it soon. But to handover the keys to my another tenant, so that i can provide them the remaining money, if any after rent has to be deducted. So now, they have started calling my Uncle who was staying near my house, who is aged 75+ & they are threatening that they will arrest him if he dont help them getting their money back. And continuous calls every now and then to disturb a old man. How to handle this situation, as my uncle is a very patient person, but how is now tired of their activity and wanted to raise a police complaint on their behavior. I wanted to raise a police complain on same, including the reason they have not handed over the keys to me till date. Please advise.
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Lawyers are available now to answer your questions.
1) what is deposit amount lying with you ?
2) what’ is amount of rent arrears ?
3) execute specific POA in favour of uncle to collect keys ,refund deposit after collecting arrears of rent
4) it is better you visit police station to resolve issue
5) litigation is long drawn and expensive proposition
You can file criminal breach of trust for not handing over the keys, you can also file a complaint for unlawful restrain for not allowing access to your house. But all these things will take your time, money and destroy your mental peace. They are not out of your house and being women, they can create lot of trouble for you, ultimately you will come clean but going through all these hassles is itself a punishment. Request police to summon them with keys, visit the police station, settle the matter before police and collect your keys. By involving with them you will spend more money and the advance received.
You can file a complaint to police station for Harrassment of your senior citizen uncle. You can send them legal notice and recover rent till date they don't handover you the keys of the house. If they don't handover the keys you file eviction suit against them. You can also break open the door with video graphy but if they have any articles they can charge you for false case of theft. So if you gave the spare keys change the lock and install CCTV footage
Dear Sir,
If police do not take any action against your tenants on the ground that dispute is in civil in nature then you may approach higher police officers. Alternative remedied lies with civil Court by filing eviction suit against them as they voilated the terms of rent agreement.
The deposit amount with me is Rs.12,000 for monthly rent of Rs.4000 + EB + Water charges. And there is no rental agreement made with these tenants.
If there is no rental agreement how can you say monthly rentals are Rs 4000 per month
arrive at an amicable settlement and obtain keys of your house
If you don't have rental agreement it will be difficult in court for you. You pay them the deposit and try to settle with them with your charges mutually
If the tenants have breached the conditions of the rental agreement then you have all the rights to vacate them by issuing a legal notice followed by an eviction suit.
Since you have already approached police on the subject matter and the police also have instructed them to vacate, you should have followed up with the tenant to ensure that they have physically vacate the rented house and delivered vacant possession to you.
Whereas you did not bother to ensure them vacating the rented premise physically.
If this property belonged to you then why should your uncle come into the picture.
He can very well inform the concerned police about this if summoned by police on the basis of their complaint.
Besides, nothing prevented you from visiting the police station to solve the issue amicably because they have made a complaint for not returning the advance amount only.
You could have taken steps to solve the issue by returning their advance amount after deducting the balance or arrears of rental amount and an amount towards the damages.
Staying at a different city is not an excuse if at all you want to solve this problem without escalating the same to the court.
Even though it is a civil matter and the police cannot interfere in it, since the police wanted to solve this problem peacefully you should cooperate with the police to sort it out properly.
Your non cooperation in this issue will bring more trouble to you or you may have to file an eviction suit which will take years to get disposed
The deposit amount seems to be very little and the arrears of rent itself would have crossed this amount, hence it can be construed that they are still occupying the premises since they have not handed over the keys, therefore you can inform police by visiting in person the facts and tyr to close this matter.
In the absence of rental agreement the landlord and tenant relationship also cannot be established even if you plan to file a suit..
Dear client, I am sorry to hear that but in this case you can obviously file a complaint to your nearby police station for the same.
- As per law, in the absence of an agreement , the tenancy will be termed as month to month basis and the tenant is bound to pay the rent regularly
- Further, if the tenant not paying the rent regularly then the landlord can evict the tenant legally.
- If the said tenant not vacated the house and handover the keys to you , then you should not return the security deposits paid by them , and even you have right to adjust towards the arrears of rent
- You can send a legal notice to them to vacate the tenanted premises and inform that the amount has been adjusted towards the arrears of rent
- If not vacate, then file a petition before the court.
- Further, you said uncle can complaint against them under the provision of senior citizens act for the said harassment.
- Further, if the local police is ready to resolve the issues , then you should contact him personally , however the police having no power to pass order for vacation of the premises.
