- This topic has 83 replies, 52 voices, and was last updated 1 year, 3 months ago by
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UHi guys! This is my first post here. We have a 2 BHK flat in Panvel. We rented it out to a Muslim family back in February 2024. Their rent agreement concluded on January 2025. We have been asking them to leave our flat since October 2024 but my father got ill and we weren’t able to follow up with this. After their agreement got over, we went to the flat and asked them to vacate it. We had a huge quarrel with them about it but they kept requesting to extend their stay until Ramadan and Eid were over, that is March, April. We didn’t want to extend it but then he kept insisting that they will leave by 28th Feb 2025.
We reluctantly agreed for this but then as February came to an end we contacted them again and they told us that they have got a new flat and it will take 5 days for them to color the new flat and they’ll vacate the house by 5th March, that is today. But today, he came to our house in Mumbai and started begging us to let him and his family stay until Ramadan is over and then he will vacate the flat.
Now the problem is,
– we don’t want to let them stay in our flat anymore.
– We sent him a legal notice via a lawyer but he didn’t receive it. The lawyer sent a notice via WhatsApp and Email as well.
– This is our first time renting our flat. We had never rented it since it was bought in 2001.My father is 72 years of age, fet frequently ill, I work in another city but came here in Mumbai to vacate the flat. I do not know what to do next. I am thinking of going to the local police station and have them help us vacate the flat but don’t know how to proceed with it as it difficult to trust the law enforcement.
I’d be grateful if you could advise us.
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BI am no lawyer but hire another lawyer and send notice through speed post.
Tell tenant that you are about to inform local Bajrang Dal and inform them actually. Take one month leave from job and close those flat matter earliest.
More you delay, tougher it will be to get flat back.
Legal process of taking back possession takes 5-10 years
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UNow you know why muslins are not welcome as tenants. You should have chosen a Hindu for peace of mind.
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UHindus are no saints. My muslim relative lives in Saudi and bought a property. He rented the property to a lower caste Hindu family. Now they are returning from Saudi and want him to vacate. The guy says he wont vacate the property and threatens with an SC/ST atrocities case.
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HYou can either go about doing this the legal way or the illegal way. Quickest option would be to pay a cop to help you vacate the premises. This is the illegal option as cops have no power to vacate any property, and the tenant can fight back legally.
Legal option would be to send eviction notice and the file eviction suit. The suit may take time but you can ask for interim relief to vacate the premises if you can show to the court that the Agreement has expired.
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UI’m in the same boat except mine is a larger commercial property (hindu tenants) and my lawyer strictly advised not to pay anyone to get them out illegally. I’ve confirmed this with 3 other lawyers and they all advised not to because the tenant can file a counter suit.
OP do not go the illegal route. I’m guessing they already paid rent for March, so follow up mid march on their status and take it from there.
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BGet the call recording ,and go to police , theyll help you out . They might ask for some money , but nothing substantial , go ahead with police
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KPlease refrain from giving illogical and invalid legal advice. A vacating tenant does not fall under the police’s jurisdiction unless they have a legal order from the court of law.
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BPolice sees cases like these regularly , theyll help , either by filing complaint or giving right advice .
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PI have both Hindus nd muslim tenants.. no one has caused a problem
They have been staying for more than 5 years now and none of them have missed a single payment .
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CMy ancestral home is in jandk. Parents are renting it out. We had a Muslim tenant, there was no problem. The only person that left without paying rent was a hindu from UP.
We also had a property in Mohali. Rented it out to three students, all Hindus. While leaving, none of them paid the electricity bill.
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UEven though I don’t have much context here, I’d say let them stay till ramzan as they have to keep a fast till the end of this month and it is very hard to relocate in this condition and judging by his behaviour through the context you’ve provided he doesn’t seem like a stubborn guy that won’t return your favour by not leaving your flat after ramzan but if you have no other option and want that flat to be vacant ASAP then go ahead with that legal procedure.
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UTo be honest, he’s very stubborn and a huge liar. We’ve been trying to get him to vacate the house since last year’s October but he just doesn’t respect us at all. After his agreement got over, we went to our rental house and argued with him. We constantly told him that he needs to vacate the house ASAP but he didn’t budge and kept saying he will leave on 28th Feb. He had paid the rent very late for 4 to 5 months consecutively. Now, he is asking us to give him time until Ramadan and then he’ll vacate. He says since he’s Muslim, he’s not able to find another rental flat. This entire situation has been very stressful for my family, especially my father. We had kept the flat locked for more than 22 years and the moment we rented it, this happened. We feel stupid and miserable every day because of this mistake.
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UHe didn’t pay me the rent in January and has stopped paying since. Told me to cut the rent from the deposit.
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PUse the help of any local politician and empty the house and change locks when no one is inside the home
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UI’m going through the same issue (hindu tenant) except mine is a commercial property and my lawyer has strictly advised us not to go by the illegal route because the tenant can file a case against us. I’ve triple checked this with other lawyers as well. Why are you giving them bs advice that can land them in deeper trouble?
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PWith a witness They cant sue if u didn’t destroy their articles as the rent agreement is already over and they will have no base for case or else u will fighting in court with no control over property for 5-8 years
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UI’m guessing you’re not a lawyer, because any lawyer worth his salt (I’ve consulted with 4 for my case) will advise you not to do this. They’ll end up saying their valuables got stolen or damaged etc, having a witness doesn’t mean shit.
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PFighting a suit is far better and cheaper option than loosing control over your property for 5-8 years
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FBuddy you seem naive and your lawyers seem to be piece of work.
In India, physical possession is the main.
Let the tenant file any case. Let the tenant say things have been stolen.
They would have to pay lawyer, court fees, and still prove the other allegations as well.
Pls visit your local court to see how these things unfold
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UJust give him time till eid & then you can go through the illegal process, i had been in the same situation in fact much more complex
I paid 50000 to police plus arranged some labours and in a day my flat was vacated. -
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POne thing u can do is wait till ramzan.after ramzan ,cut the electricity .
Next thing with your friends forcefully shift their few things to car parking/road side.(Just to threaten them) Nd say” within 2 days u r vacating or else I will shift all your stuff to the road side and will change the lock”
Sry to say this in sub but property/flats/lands issues can’t be solved through legal system in india ..it sucks .
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CI hate bjp and hate hindu muslim shit, but in this case go to some hindu organization/threaten him about it.
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HYou have two choices – legal and illegal.
File an eviction suit and your evidence here will be the expired tenant agreement. But this may (most probably will) take a long time and your tenant can pay the judge to pass judgement in their favour.
Illegal way wild be to pay the police some money (or inform some RSS/hindutva outfits) and they’ll take care of the rest. If the tenants threaten with legal action, threaten them back with the help of above-mentioned bodies or simply have the expired agreement ready for proof that they were living at your property even after the expiry of the agreement.
NAL
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SExplains why owners ask certain questions which seem unnecessary during due diligence and refrain from renting places to certain people. Saves a lot of hassle.
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AHe is not paying you rent..
why are you allowing him..You are soft.
Do this..
Ask your friends to be pretending to see your flat…
go in random evening time when they are eating dinner or right now exactly at 6:47 pm during this month. Tell your Tenants before hand that some new tenants wants to come and see the place. time is not fix and you will come with him to your flat and they should not deny your entry since its not their room anymore due to the agreement.bring some new face everyday and barge in evening .. they can’t deny you since they are not tenant anymore..
disturb them as much as possible. -
ISame thing happened with my cousin. He went the illegal route (vacated the apartment and changed locks with some friends and made a complaint to the cops). The tenants sued. Case went on for 2 years until they gave up. Case was in cousin’s city where the tenants could not find accommodation (cousin would inform prospective owners regarding his issue) and had to travel from Gurgaon for every hearing. Cousin’s lawyer kept requesting for continuance for various reasons to wait them out. Eventually they gave up and stopped showing up in court even after judge issued summons. Cousin won by default.
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URamadhan is tricky so if possible be considerate to tgese guys. Either ways it’s your call.
Someone suggested a good idea here, since maintenance will have to side with the landlord, just ask them to cut electricity and access to the house via electricity with the expured agreement. If its a standalone property, I am sure would be other ways to cut electricity legally since its your property
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ULet them get through ramazan. But since they also haven’t paid you rent, it makes your case strong. Use the ramadan wait allowance by asking them to accept the notices in return for your wait and show they mean honest intent. Tell them you wouldn’t dislocate them before eid but other legal formalities to secure you as well has to be cooperated with as they have clearly shaken your confidence by now.
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