• Tenant not vacating

Dear Advocates in forum, please advice!

We live in Chennai. My father wanted to rent out our house in Salem Tamil nadu. A family person who seemed to have a decent outlook opted to rent in. He said he will come after 2 weeks from the day he accepted to rent in. Since the house as locked for a long time he asked for keys to clean it. My father gave the keys and to our surprise and shock this tenant entered with his family and things. He has not paid any rental advance nor rent and no rental agreement has been made so far. His action proved to be fraudulent and father told him that he has plans to sell house and gave him 1 month notification to vacate. He has been fooling around that he is vacating then and now. We now know that our property is with him and finding ways to vacate him. 
Please advice if this can be registered as Cheating case or trespassing which can result in police action
Asked 5 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) file criminal complaint of trespass under section 441 of IPC 

2) also file suit for eviction of the trespasser 
Ajay Sethi
Advocate, Mumbai
23100 Answers
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This is a case of house trespass, so file a police complaint to the nearest police station against him for house trespass. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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Since your father had given him the keys of the house it cannot be treated as trespass.
Further since he was served with a notice it can be accepted that he is a tenant.
Now he is occupying the property without paying rent hence he is liable to be evicted for default in rental payment if he is to be treated as tenant or if he is treated as a caretaker an ejection suit can be filed agaisnt him for ejecting him out of the property and for possession.
Consult a local lawyer and proceed further.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Hi, You have to issue legal notice ask him to vacate the schedule premises if he fail to vacate the property then file  a suit for ejectment  for vacating the house. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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File a criminal complaint and manage the police to help you. As there is no rental agreement it might take time to get him vacated through court. However if the judges outlook is good they may straightaway order for eviction of illegal occupation . File a eviction suit. 
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
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Hi
 you should approach the police and file a complaint , let the police interfere  if they can solve it .

the next option is to file a petition for eviction in the court. That  in the absence of the rent agreement the tenant is in illegal possession,which court will order to vacate and hand over the possession to its owner  . You can either file it as an eviction under rent control act or as a civil suit for possession.
Engage an advocate if the police is not taking action against the  trespasser, and file suit in the court
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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