• Delay in vacating the flat

I have a flat at Vadodara. The flat has been rented in may14 with an agreement which expired on Apr15. I am residing at Panipat and could not visit frequently Vadodara. I had asked the tenant for renewal of agreement through email in Apr15. After that he called me and said that what is the need of renewal when  you know me from last one year. I also did not stress much on this subject.
After some time I started receiving complaints from society caretaker that the tenant is very quarreling nature and I must get the flat vacate from him.
I talked to the tenant about this and send a message on 14.04.16 (WhatsApp) for vacating the flat by 15.06.16. He assured that he will vacate the flat by 15.05.16. But after that he started asking some more time.
I visited Vadodara on 10.07.16 for taking the key of flat. At that time he assured that he will vacate the flat within one week. I asked him to handover the key to one of my friend residing in Vadodara. I also introduced my friend to him at that time.
After some time he called me and said that he has got a flat in nearby society but he will shift from 01.08.16 and handover the key of my flat on 05.18.16.
Upon calling on 05.08.16, he asked that it is raining there and he will shift within a couple of days.
Finally he called me that send your friend for taking  the key.
My friend sent his driver for taking key of flat.
Upon reaching at flat, no one was available at flat except their parents.
Next day he filed a complaint in local police that the driver who was gone there for collecting of key has misbehaved with their parents.
Now police is harassing that fellow and asked my friend to come to police station to clarify the matter that why he has sent his driver for collecting the  key and what is his interest.
Please advise me what step I should take in this situation and what repercussion can be had of this entire episode.


Manoj Kumar
Asked in Property Law from Panipat, Haryana
Religion: Hindu
1) tenant does not want to vacate the flat 

2) issue legal notice to tenant to vacate the flat 

3) if he refuses file suit for eviction against tenant 

4) your friend should inform police that driver went to collect keys under your instructions as tenant was to ha f over keys to your friend 
Ajay Sethi
Advocate, Mumbai
28588 Answers
1551 Consultations

5.0 on 5.0

You should have issued a lawyer's notice to the tenant to vacate the property, do it even now lest it is too late. A suit for his eviction will have to be filed against him if he does not vacate even after the receipt of notice
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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1) you have not committed any wrong that you need to be afraid of police 

2) proceed legally against tenant 
Ajay Sethi
Advocate, Mumbai
28588 Answers
1551 Consultations

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The preventive step would be to engage a lawyer before you land in Vadodara.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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If yor friend's diver had acted in excess then he has to face the charges.

You have to probe the reasons.

You should not entrust such jobs to some untrustworthy people, they may land you in trouble.

Now you have to issue legal notice to the tenant to vacate and also can lodge a criminal complaint against him threatening you over phone.

You have to initiate some process to rescue the person who has helped you.
T Kalaiselvan
Advocate, Vellore
18773 Answers
176 Consultations

5.0 on 5.0

I am planning to visit Vadodara within couple of days. can police harass me also on this issue. whether I should take any preventive step.





Until there are no charges agaisnt you, the police cannot harass you.

Hence there is no need for any preventive steps now.

However you may issue a legal notice to the tenant to vacate and have this copy with you.
T Kalaiselvan
Advocate, Vellore
18773 Answers
176 Consultations

5.0 on 5.0

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