- This topic has 18 replies, 4 voices, and was last updated 1 year, 1 month ago by
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EAs explained, seeking advice.
I put my house on rent, to a married couple. The wife agreed to have the agreement in husband’s name but she said that paying the rent etc. is something she’ll do.
I made a mistake: I accepted a post-dated cheque from her for security deposit.
After they moved in, we were about to do the agreement but since then they haven’t had the time – they have also been extremely irresponsible with the house, kept water running, lights on, front gate not locked, doors not locked properly, banging against the wall whenever there’s a wind.
Also communication has been very difficult. They don’t respond or text back. Whenever I try to call or text, the reply is “she’s at the hospital”. I went to visit them when they returned, she was too sick to talk and again her husband wasn’t home. They agreed to talk the following morning. Next day, early morning around 5 they left again.
There is a clear rift between husband & wife. Husband now communicated to us that he doesn’t want to go forward with the agreement and the house & rent etc. are his wife’s responsibility, no longer his responsibility.
I got in touch with the wife to pay me rent money+electricity bill+money for cleaning after they leave. Also told her to take her stuff by tomorrow. Now she’s alleging domestic violence against husband and refusing to pay the amount. She is also trying to accuse me of mental torture because I asked her for the money, and threatening to club in my name in her complaint against her husband. For context, I am a woman and the house is in my mother’s name, who is a senior citizen. Nobody else spoke to them besides me & my mother. And I am not worried about empty threats.
I did not get into any argument with her, just kept my cool and told her, her personal life is none of my business. I need the house empty by tomorrow and I need the pending money. If she doesn’t vacate the premises then I will have to. The entire conversation is on chat.
What I want to know is what are my rights here? They haven’t signed on anything and neither transferred any money – so there’s no trail of any money being sent to me.
Can I break the lock, enter and sell all the stuff to kabadiwala if they don’t transfer money?
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SNAL
Sach kahu toh aise logo pe bohot gussa aata h. Mann krta h Sab kuch fek do bahar and then tell them Ki ab kar complaint.. Aek toh decency dikhao upar se hume hi pagal samajhte h
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EI swear man. The woman was unwell so we agreed for them to shift soon with a post-dated cheque for security money. For some reason she is always unwell, now she’s saying that’s cuz her husband beats her. Anyway, I am actually gonna do that, give/sell/throw their stuff. Because the house literally has doors banging inside, lights are on for days and god knows what garbage they have left behind. I am not even able to show it to other parties and I was hoping to schedule a visit tomorrow since it’s a holiday. But won’t happen. Lesson learnt!
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SHere is the thing you do, and do it quick, while they are out, and it’s locked, you ask an neutral well respected person (neighbour) to video record, you move all the stuff to a tempo and store it in storage or some place safe, then paste a notice stating the same on the front of the door and after paying the due, put a new lock in its place, reimburse them for the lock or set off with their dues.
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SThis way you avoid civil litigation, claiming damages for their stuff, and mind you they might claim exorbitant amount, somewhere safe is sufficient.
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SThat’s why you record with your video camera, proof to prevent theft complaint with police, and claim of you damaged their stuff during transit, and exorbitant claims in civil court, although strictly speaking this is not legal, this is the best and easy way you can recover your property.
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SIf you have no paper trail, whatsoever, then it becomes difficult for them, surely, you are taking this approach, and they have communication, then they can establish legal relationship as landlord and tenant, but for that they will have to file a civil lawsuit, trust me you don’t want that. Keep it cordial, hold their stuff, clear your property and ask them to pay the dues and collect stuff from you!
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EOf course. I have asked for the pending dues, and the response hasn’t been satisfactory, hence I have made the post. Because being cordial isn’t working.
Appreciate your suggestions. But I am a bit confused as to what you meant by they have communication, they can establish legal relationship as landlord and tenant.
Also want to understand what are my rights here.
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EThere is no gpay transaction. No cheque deposit. The discussions regarding rent, deposit etc. happened in person. WhatsApp chat mentions: 1. The husband refusing to go ahead with the agreement and living arrangement
2. Me asking for the money and asking her to vacate the premises
3. The wife refusing to pay and talking about domestic violence complaintIt doesn’t mention rent agreed upon, deposit amount, cheque or cash, dates of moving – none of that.
Is it possible to establish landlord-tenant relationship in this case without a valid agreement?
I know I am asking too many questions, the intent isn’t to challenge you but just getting a better understanding. 🙏
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