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Reveryone,
I’m in a bit of a mess and could really use some advice.So, I (along with my sister) legally own a shop/commercial property. All the papers — sale deed, tax receipts, khata — everything is in our name. We had a guy staying there as a tenant with an agreement, which has already expired.
Out of humanity, I let him stay for a little longer after it expired. I didn’t push him out immediately. But now this guy has gone to court against me and is trying to claim the property or stop me from using it. I honestly feel like I made a huge mistake by showing him a soft corner.
I’m currently jobless, and this shop is literally my only option to do something for survival. I want to either use it for a small business or rent it out. But he’s just sitting there and now misusing the legal system to delay and stay.
I’ve spoken to a lawyer, and we’re planning to file a counter and maybe an eviction case. But I’m scared this could drag on for years, even though I’m the rightful owner.
What I need help with:
Can I lock the shop if it’s lying unused while the case is pending?
Realistically, how long can such cases take?
Can I ask the court for interim relief or to seal the shop?
Can I claim rent or compensation for all this illegal occupation?
This is stressing me out big time. I was kind to this guy, and now he’s using that to harass me. I’d really appreciate any help or tips from people who’ve been through similar situations.
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SKick him out by force and deal with law than depending on law to kick him out which will take years and drain your pocket.
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Eof course, if it is your property, just lock the place with thick locks. the so-called tenant seems to play evil, put him in his own devil maze. record videos when he tries to break open. but, may be you first give him a legal notice to move out. consult your honest lawyer depending on the sequence of situations you are facing.
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PNAL my family faced something similar with our flat, mate trust me it’s long ass process and in the end we paid him a lac to leave our house as ordered by court.
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PNot a lawyer but from my understanding he can use the court system in his favor if he is still paying rent. Since he did not leave your place after the agreement expired you may not be having possession letter.
Did you give anything in writing to him stating you are letting him stay for a while. Or did you give him in writing asking to vacate? If not you should give him in writing now asking to vacate and pay the rent.
I guess he is not paying rent so now after informing him in writing to vacate and pay balance rent you should file a case against him.
Basically, whether in defence or assertion, you need proper documentation, registered lease agreement, how did you conclude the lease i.e. your communication and/or possession letter signed by the tenant.
If you have good documents then go ahead and file a counter. -
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MTake some people along, out him from the shop forcefully, put your own locks, this is the only way, if police gets involved show them the docs, just tell them shop and all the stuff inside is yours and this guy just broke in. Even if he shows the agreement it’s already expired and he didn’t pay you after agreement was expired (hopefully) so legally the shop and stuff within is yours. Bribe if you have to, once you do it he will mutually agree eventually to vacate and request you to let him take his stuff.
Or else keep making rounds to court, it’s your property, my lords in courts are more corrupt than any other department so forget justice for atleast 2-5years in this case. It’s better to use force even if you have to get yourself sued later for assault cos that will be easier to cater too if you have your property with you. Else you don’t have your property and still have to cater to a court case. Choice is your either way. -
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MI had this issue with a tenant who stopped paying me rent, did not pay electricity and would even create nuisance for other people. We filed a legal notice but no avail.
On the day agreement date got over, I went to local police station and notified the issue and informed that I will be locking the property. Police of course didnot want to do anything as nothing had happened yet. But I said I am going at 9 PM alone as a lady so if anything happens how am I supposed to do anything about it. He then took the complaint and gave me his number to call in case any help is needed.
So I went and threw out tenant and locked it. I created big ruckus and showed no mercy to tenants plea. I told him I give half hour to clear out the place, showed him photocopy of police complaint and then he understood he cannot escape. In half hour he was out. Few furniture was left behind which we allowed him to take after 5 days. It was of course not a prudent move to do this late in the night being a woman but sometimes it helps being a woman where police took heed to my issues.
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SIn such situations lawyers advice property owners to file case against tenants. Such cases take over a decade in a city like Delhi and then the judge gives an eviction order after countless court dates. If the property is valuable, then the tenants even file an appeal in high court to delay the eviction. Lawyers make money for as long as the case continues in the courts.
Even after the eviction is ordered by courts, property owner has to bribe the police to ensure that the court order is followed by tenants and property is actually vacated.
So in such cases, getting the property vacated by paying some money to tenant is a better way or having him thrown out by bribing the police is also possible.
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