Possession of keys during tenancy
I have let out my apartment to my tenant for about 2 years now. Last year he moved out of country, but however, he has kept his belongings in the house, so he is regularly paying the rent.
Recently, he expressed his intention to close the tenancy and after some negotiations, I agreed for 1 month notice period, instead of the 2 months which we had signed for in the agreement.
The tenant has given the house keys to the neighbour who he and I trust(I stay quite far away from the apartment) and since he has decided to vacate, he has given permission in email to me to take the keys from the neighbour enter the house and show it to prospective tenants. So far lots of people have come by, seen the house for tenancy and gone.
The problem starts here: Last week I had been to the apartment to show it to a prospective tenant, and took the keys from the neighbour. While I was returning back, the tenant was not at home and so I had to take the keys back with me, as I did not see any other viable option. Also, he called me to finalize the settlement and verify all other keys(rooms, wardrobes etc) which were in his unlocked wardrobe. I did that and kept all keys back as it is.
As it was very late that night, I emailed him about this next morning, along with detailed account of how much he owes me and how much of his deposit I need to return back, thinking now all is over and I can happily close this tenancy and let out to someone else.
Suddenly my tenant calls me and shouting at me for taking the keys with me. He has also instructed the neighbour not to accept the keys from me. He is now saying he will not vacate the house and I am responsible for loss of any valuables.
Is there any problem I could face, like vandalism? My family is very much worried about this, and so am I.
My take is this: I had taken written permission to enter the house, lots of people have done so, for tenancy purpose and he is not even letting me return the keys to the trusted neighbour, so ideally I should not land into trouble, but I don't know how my actions can be twisted by him or his advocate in case he decides to file a case against me. Also, how would I evict him. In case I send him eviction notice by email, is it valid? For court proceedings, does he have to be present in person, or his lawyer can do it on his behalf?
Asked 8 years ago in Property Law
Religion: Hindu