A harassed Landlord's plea for Help
I had the misfortune of renting out my flat in Ahmedabad in 2006 to a large family who came with folded hands and since I was keen to ensure maintenance of the flat which had been lying locked for a year, I prepared a Rent Agreement for 11 months and gave it to the person. The tenant never honored the agreement from day one paying rental arbitrarily any time in 3rd or 4th week though he was supposed to pay rental before 10th of every month. Still I wasn't concerned about money so after verbally upbraiding him a couple of times I didn't make a big issue out of it. After 11 months completion, he asked for an extension and I obliged. I sent him a zerox copy of agreement to enable him to open Bank account for his son and with a promise from him to sign the renewal when I made a trip to ahmedabad ( I am stationed in Delhi ). However whenever I made trips after prior information to him about my visit, I was given excuses by his wife or daughter or son that he was out of town indefinately. After 4 such blank visits, I dropped in without informing and caught him in his work place. He then changed pleaded that he wanted to buy the flat but I told him I can't sell as it is in joint name of myself and my wife and also I am still paying instalment of loan from bank for the flat. When I asked him to sign the renewal he made an excuse for next day and escaped. He continued this game for another 5 - 6 months and when we pressed him, he went to police first and gave written complaint for which we also gave a cross complaint. My wife was visiting and not being aware how to deal with him she returned back and in the meantime the tenant approached the court with a cooked up story and the case dragged on from 2009 till 2013 till which time he did not make a single court appearance either in person or through lawyer and I and my wife took time off to shunt between Delhi and Ahmedabad. In 2013 December finally the Judge FCJM issued summons on my pressing him and a new laywer appeared. In just one hearing the FCJM arbitrarily issued and Order asking both parties to maintain status quo till final disposal of case. I have challenged the petition in District Court but am disheartened by the running around and lengthy court process. The tenant is still arbitrarily paying rental now in court at the same rental which was first agreed. What is the course open for me. Please guide me.
Stephen Narayanan - Delhi.