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S**TL;DR:**
We rented out our 2 BHK flat in Panvel to a Muslim man with a family in March 2024 under a one-year rental agreement. After paying rent on time initially, he began delaying payments from August 2024. We requested to vacate the flat in October 2024, but due to personal issues and my father’s health problems, the follow-up was delayed. As the lease ended on January 31, 2025, he promised to vacate by February 28, 2025, but kept making excuses to stay longer. Despite multiple police interventions and agreements to vacate on specific dates, he has not honored them. On May 1, 2025, he claimed his mother was ill and left to his hometown, but has been unreachable since. We’re now trying to figure out how to have him to vacate the flat. Any ideas?
———————————————————————————————————————–We have a 2 BHK flat which falls under Panvel Municipal Corporation, however we live in Mumbai. The distance between our Mumbai home and Panvel home is about 50 KMs. The flat is under my father’s name, is currently 72 years old and is very weak of body due to age and illness. The flat was closed for at least 22 years. We renovated it in 2022 and were planning to sell it. In order to find the buyers for this flat, we gave the keys of this flat to a person who was working in the society office at that time. Let’s call him Nik. This Nik used to introduce us to various buyers, but since my father wanted a bigger sum for the flat, he refused to sell the flat to any of these potential owners. However, we were open to rent out the flat as well. One day near the end of February 2024, a Muslim man who has been living in the society on rent in various flats since the last 12 years, called my father on his phone and inquired about the renting the flat. Let’s call him Mac. This Mac is from Azamgarh, UP and is currently jobless, working as an estate agent in Panvel. His elder son doesn’t live with him anymore. He has a wife, a daughter and another son who is severely mentally ill. My father gave him all the details, and he came to our Mumbai house the very same day and started discussing renting our flat. We asked Nik about him, and he said that he is a good person and has been living in the society since a long time. On the next day, he immediately came to our house with a society committed member at that time and a guy to help with the leave and license agreement. He didn’t give us a chance to verify his background and my father ended up agreeing to the rental agreement believing him. The agreement was agreed on 28th February 2024, and it ran from 1st March 2024 to 31 January 2025.
After a few months of paying the rent on time, Mac started delaying the rent for each month from August 2024. Meanwhile, my father’s health deteriorated, and he had to be operated upon twice in the span of the next 5 months. After seeing Mac’s behavior, we started urging him to vacate our flat from October 2024. But because we were busy in my father’s treatment, we weren’t able to follow it up with him on time. On 31st January 2024, the last day of the agreement, me along with my family, went to the flat in Panvel and asked him when he is going to vacate our flat. He started requesting us to extend the time and told us that he didn’t take our word seriously when he had asked him to vacate our flat in October. He argued with him and his family, during which things got heated, but he didn’t budge at all. Furthermore, he and his wife told us to give a 1-month notice and told us that they will leave on 28 February 2025. Unfortunately, we believed him and let his family stay at the flat till 28th February. This was his first lie. As 28th February came close, we started calling him, and he told us that he has gotten a new flat in the same society, and he will need 5 days to color that flat, and he will give the keys of that flat to us on 5th March. On 3rd March 2025, he came to our Mumbai home and started begging us that he has Roza going on to allow him to stay in the flat until Ramadan, 31st March. This was his second lie. When 31st March started coming close, we started calling him again. He kept giving us new excuses again of not vacating the flat. On 3rd April, my family and I went to the nearby police station to lodge a complaint against him. Unfortunately, the police told us that this was a civil matter, and they couldn’t take any action on him except reprimand him. They called to the station and told him to vacate the flat on 10th April to which he said yes in front of the police officer. As 10th April rolled out, he told us that he is looking for a new flat in Taloja and that he will now vacate the flat on 30th April. We went to the police station again on 7th April, where the police called him there again and told him to vacate the flat on 15th April to which he again agreed in front of the police officers. But as soon as 17th April rolled out, he bailed on his promise again. We went to the police station on 17th April again, where the inspector gave him until 24th April to vacate the flat, but he bailed again. Later, he told us to give him until 30th April to vacate the flat, and he will give us the keys on 1st May.
We kept hounding him for a status update about the flat, but he didn’t give any clear answers to us. We sent one of my cousins and his friend to check up on their status to the house, but he was never at home, and they saw some of his belongings there, from which it seemed like they were ready to move out of the house. However, on 1st May, when my family and I were getting ready to go to Panvel, he called my brother-in-law and told him that his mother has fallen ill suddenly and that he is now gone to his hometown. When asked about vacating his home, he kept requesting us to let them stay in the house till 15th May. His wife kept saying the same thing. At that time, only his wife and his mentally ill son were there at home. We do not know whether he really has run to him hometown or not. We have no way of tracking his location. Furthermore, we keep calling him, but he doesn’t pick up our calls as well.
The entire situation has been very stressful and hard for our family, especially my father. What are the ways we can vacate our home now?
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QChatgpt gave me this
I’m really sorry you’re going through this frustrating and emotionally draining situation. Here’s a clear legal and practical course of action you can take to resolve this matter:
1. Send a Legal Notice via a Lawyer
Hire a civil lawyer and send Mac a legal eviction notice stating:
The rental agreement has ended.
He is staying unlawfully (technically a trespasser now).
He has failed multiple promises and is causing financial and emotional distress.
He must vacate within 7–15 days (as per lawyer’s advice).
This step is essential to begin formal proceedings.
2. File an Eviction Suit in the Civil Court
Since the lease has expired and you’ve asked him to vacate, you are eligible to file an eviction suit under the Maharashtra Rent Control Act, 1999.
A civil court in Panvel (Raigad District Court) will have jurisdiction.
Include all evidence: the rental agreement, police complaints, audio/video conversations (if available), and witnesses (like society members or police).
The court can issue an eviction order and later a writ of possession if he still doesn’t vacate.
3. File a Police Complaint for Criminal Trespass (Optional but Stronger Move)
Once his absence is established (he left and is unreachable), you can file a complaint under Section 441/447 IPC for criminal trespass and unauthorized occupancy. Though police may initially call it civil, a lawyer’s letter or persistent follow-up can push them to act.
4. Speak to Society and Cut Off Utilities (As Last Resort & Carefully)
If the society is on your side and he’s truly absconded:
Ask the society to issue a notice of illegal occupancy.
Cut off water, electricity, or gas only if you confirm that the family is no longer staying there. Do not do this while anyone is inside, as it’s illegal and can backfire.
5. Take Help from Local MLA/Councillor (Optional but Helpful)
Politicians often help in such cases for public goodwill. If you know anyone in local governance (Panvel area), their letter or pressure on the police can accelerate action.
Checklist for Lawyer/Police:
Copy of Rent Agreement
WhatsApp/SMS call logs
Police complaint references
Society member witness statements
Any photos/videos of the flat, Mac’s family, etc.
Would you like help drafting the legal notice or preparing a timeline document for your lawyer?
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BSometimes No Intelligence is better than Artificial Intelligence.
Thank you for taking time to ask ChatGPT. I think if OP valued the same, he would’ve put prompt himself. Let me show you some clues why no intelligence is better and why AI cannot be always trusted.
1. Civil suit will be initiated yes. But sending notice wont do squat. This is India!!
Maybe AI is giving UK ka advice.2. Lol. This is only partially true. Yes civil suit, same as above.
But MRC Act is a farce. If it had actual power, which states rent to only increase 4%p.a then would current rents be so high?!3. Police complaints already done. AI can’t remember what was in prompt earlier when it starts writing and goes past a certain length. Dementia AI.
Also, Section 441 not applicable as ‘permission’ was obtained prior. Refer rulings.4. Pagal hai kya. Jail jayega OP. Cannot cut off utilities. Comes under basic rights. Refer court rulings.
This is the part which made me laugh and want to write this reply.
**A kind but harsh reminder to all new members,**
* This is legal advice sub. Not instagram to give your vishesh tippany. Keep personal opinions to yourself.
* only lawyers to comment. Anyone not a lawyer should start with ‘NAL’.
And only comment if you actually have prior experience with similar case with favorable outcomes. Thank you. -
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ATheyre not wrong. Talk to a lawyer and file a suit for eviction before the local court. Rent laws are tenant centric so you have to come up with a strong reason for eviction, like urgent need of the money from sale proceeds or an urgent need for your personal use of the property. The tenant might get intimidated by the suit and decide to vacate. But be mentally prepared that if he decides to contest the suit, its going to take a good while before the court passes the judgement. In the meantime, keep trying to amicably reason with him.
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RJust a qn – how much did you take as advance from him? And did you verify the claims with the guys who had vouched for him in the society?
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SThe rent was agreed upon Rs. 15000 per month and the deposit we took was Rs. 50000. He hasn’t paid the rent since January 2025. Unfortunately, I was in Pune when this agreement happened, I had advised my father to wait before signing it but the tenant didn’t even give my father a chance to think about it or do some due diligence on the tenant. Everything happened in just 2 days.
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WSend notices to his workplace address to embarrass him
Filenseveral cases at once – . Civil eviction complaint
. Criminal complaint – breach of trust , cheating , trespass and criminal intimidation
. Keep pressuring the police complaints (maybe rti) -
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SDisconnect utilities like power and water. He will have to leave. He can take up the issue legally in court if he can afford it.
If he’s not present at the flat currently, change the locks and take possession of the flat.
Assuming you’ve already served him with eviction notice.
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SWe sent him one eviction notice back in February. We can’t change the lock because even though he is gone from home, his wife and son are still living there.
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