Can we not file petition to evict ? how much time court will furt
Our tenant is intentionally harrassing my parents and is not vacating our home.
we have ground floor and first floor in our home at ludhiana, punjab. since i work in hyderabad and my wife was expecting, my parents stayed with me for most of the time. my father is 67 year retd chief manager from punjab national bank and my mother is 64 year old retd as lecturar in govt. school. somewhere last year jan 2013 we have agreed to give this new tenant our ground floor portion. the rent lease agreement on stamp paper was prepared and signed by both parties. the agreement was for 11 months with a clause that any party can give notice to vacate the premises. tenant told that he would be staying for around 1 year as his own house is under construction.
towards end of dec 2013 my father had heart palpitation issues and had undergone stent implantation after advised by the doctor.
in mar 2013 when lease renewal / termination was due, while my parents wanted to move to ground floor due to health issues and difficulty in climbing the stairs but our tenant requested to extend the lease and promised that he will vacate in 3-4 months since his own house will be ready by then. my parents agreed and renewed the lease with the same terms i.e. 11 months lease with a clause that any party can give 30 days notice to vacate the property.
till april my parents were staying with me in hyderabad.
in may 2014 my mother got detected with cancer and treatment had to be started immediately. we started the treatment at dehradun where my sister stays and gurgaon. the treatement involves six-eight cycles of chemotherapy. after chemo my mother feels very weak. so we thought we should inform our tenant to vacate in a months time so that parents can shift to ground floor. it is very risky for them to stay on first floor as both of them can have medical emergency.
when we asked our tenant to move out he stopped giving us the rent and started saying that he is not able to pay as he himself is expecting a payment from bharat petroleum and that is delayed. he requested some more time. like this since july he has not payed the rent kept on promising next month.
we got suspicious of his intention. i went to meet him in september and explained the situation and our need. he again promised that by 10th october 2014 he will vacate. i told him with all respect that i have to help my parents in shifting to ground floor so i will be coming on 10th oct as agreed with you. to some extent i was convinced and thought he will vacate. he also gave us the cheque for arrears towards rent for 2 months starting july-aug, aug-sep and it was post dated cheque with date as 10-oct-2014
i booked my flight on 13 oct 2014 to ludhiana while my parents were travelling to ludhiana on 13 oct 2014 from dehradun. as feared, they did not vacate. my parents tension grew many folds. even the cheque bounced. everyone suggested if you file a case then it will take 4 years as the tenant will miss the dates intentionally so better we mutually agree.
since he was intentionally mentally harrasing my parents who were not only sr. citizen but also not well and recovering from diseases, my parents approached police first seeking safety to their life as we see the tenant is intentionally creating more tensions.
when police asked for the first time why is he doing like this he told police they cannot interfare in such matter and he also told that we have not given him the notice. immediately we handed over the written notice to him but again he didnt receive. this was happenning in our home. police then asked him to come to police station and discuss the matter with sho.
next day when he came to police station, he came with a new story. he told police that we have taken 10 lacs as advance and he produced a photo of the last year lease document. this was surprice police told that it is not possible that if the rent is 17 thousand then how can any one ask for this much advance and how can any one agree to pay this much advance. sho called my father and asked the same. my father told that in last year lease there was a typo error that 1000000 was mentioned instead of 10000.00 but that was corrected immediately and the correction was attested by him. he also shown them the original lease document. moreover this year when lease was renewed then also correct amount of 10000.00 was mentioned. so as per latest lease document it is 10000.00 which is signed by him. all originals were shown to police.
sho again asked tenant and suggested him to vacate the house as they need the home on medical grounds. tenant agreed verbally but when sho asked him to give in writing then he wrote that by 08th nov 2014 he will get back when will he vacate.
we again got suspicious and worried as why is he asking for time again. so we applied for caveat in the court on 17 oct so that no stay order is passed without our consultation.
again on 09th nov he told in police station that he has not received a notice. sho asked us to give notice. my father wrote a short not and he acknowledged in written that he has received the notice. this gives him time till 08 dec 2014.
in between we found that he has somehow manipulated electricity meter readings. we immediately reported to electricity department. they confirmed the meter is fine and then re-generated a new electricity bill of amount rs 51000.00. the due date of the same was 11 nov but the same has not been paid.
1. what shall we do next ?
2. for 11 months lease, do we have to give legal stamped notice ? is verbal notice not enough ? is the notice given in police station enough ?
3. can we not file petition to evict ? how much time court will further give in this case.
4. shall we still wait till 8th of dec ? if he dont vacate and dont pay the rent, can't police help us in any way ?
5. how can we request court to speed up the process knowing that intentionally this tenant will try to extend the case as long as possible
6. my tenant threatened that he will put case on me on teasing his wife. due to this risk i am not visiting my parents as insisted by them.
7. i ready somewhere that lease agreement of 11 months, it is easier to vacate a leasee then a tenant. is it true ? how can this help us ? the case for vacating the leasee may not take more than 2 years
8. how can we request court to pass the order that tenant should deposit the money in court till the matter is resolved ?
9. knowing his intention shall we record all the conversation which we are having with the tenant ? is it legal to record and keep it for our safety as a proof ?
8.any other suggestion.