• Tenant not vacating

I gave my flat on rent. Tenant stopped giving rent and I filed a case. Tenant replied that he's left the flat and his wife is staying .He has divorced. In these circumstances can I file FIR in local police station
Asked 7 months ago in Property Law from Jaipur, Rajasthan
Religion: Hindu
1) it is the responsibility of tenant to deliver vacant possession of flat 

2) if his wife refuses to vacate issue legal notice calling upon her to vacate the premises

3)if she refuses file eviction suit against her 
Ajay Sethi
Advocate, Mumbai
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Hi

1) First you should issue eviction notices against the husband and wife.

2) You should also advise the lady (wife) to enter in to separate lease agreement with you.

In the event of the lady not willing to enter in to a separate lease agreement then 

a) You should file a FIR against the husband(on grounds of sub-letting the house to divorced wife without your consent) and 

b) File a FIR against the lady(Wife) for unauthorized entry(trespass) and claiming possession of your property

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
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64 Consultations
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The default in rental payment will entitle you to evict the tenant fro the rented premise.
If the tenant has left the premise then his wife who is occupying the premise is an unauthorised person, she needs to be ejected. 
She can be even termed as a trespasser, for which you can lodge a criminal complaint against her with the local police for trespassing offence.
Simultaneously you can file a recovery suit agaisnt the tenant for the defaulted rental payments.
T Kalaiselvan
Advocate, Vellore
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A FIR can be filed for house trespass against his ex-wife but it is only the civil court that can throw her out,
Ashish Davessar
Advocate, Jaipur
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487 Consultations
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