- This topic has 37 replies, 14 voices, and was last updated 1 year, 5 months ago by
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UI’m seeking legal advice regarding a rental dispute in Mumbai. Here’s the situation:
– My father entered into an 11-month rental agreement with a tenant in April 2024
– The tenant paid rent for the first three months (April-June) but hasn’t paid anything since July
– The tenant is now refusing to vacate the premises despite non-payment, claiming they’ll stay until the agreement expires
– We have already approached the police, but the situation escalated as the tenant became aggressive on the phone with the police officers.
– The tenant remains adamant about staying until the agreement term ends
– I can share the rental agreement details via DM if needed (unsure if it’s registered)We’ve already tried:
1. Multiple requests for rent payment
2. Requesting the tenant to vacate
3. Police intervention (which was unsuccessful due to tenant’s aggressive behavior)Questions:
1. What are our legal options to deal with a defaulting tenant who refuses to vacate?
2. Can we file an eviction case due to non-payment of rent despite having a fixed-term agreement?
3. What is the fastest legal recourse available in Mumbai for such cases?
4. Should we approach civil court or rent control authority given that police intervention has failed?
5. Does the registration status of the agreement affect our legal options?Additional Information:
– We have documentation of the initial payments
– We’ve attempted to communicate with the tenant regarding the pending rent
– Police intervention has been unsuccessful
– We’re now looking for proper legal recourse as our only optionAny advice on the legal steps we should take would be greatly appreciated, particularly from those familiar with Mumbai rental laws. We want to handle this situation legally and properly.
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PLegal options will take time. And he knows that. Pay police or get the electricity and gas disconnected to your house. Or hire a lawyer and send notice to him and start litigation .
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UThank you,
It seems that is the only likely recourse… This thing is going to drive us nuts… This is the first time in almost 12-15 years of renting that we have come across such a tenant.
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UThis is part and parcel of being a landlord. The trick is to have 6-7 rental properties, so even if 1-2 don’t pay, you still have a healthy cash flow. You need to plan for such things if you’re a serious investor.
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UNot really a serious investor, this flat is from Father’s inheritance, and we have another one where we live. That’s all.
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UYeah, that’s a tough one mate. It’s harder for mom and pops to fight stuff like this.
Did you do a background check? Did you ask for previous landlord referrals? Police background check? Their salary confirmation?
I don’t know how these things are handled in Mumbai but it seems to me in the future you need to spend more time and effort in background and credit checks?
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UYeah mate, the thing is, there is a police verification document attached to the agreement, but I don’t know what it’s worth now since this hooligan is even being aggressive with the police.
And the broker who got us this tenant has been our broker for almost 8-9 years now. So my parents kinda trusted him blindly.
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UOk given everything you’ve told me, April is 3 months away. You’ll end up spending more now if you go after him at this point.
If I were you, I would spend the next 3 months to make sure he leaves on March, 31, 2025.
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UHonestly, that is also something I have given thought to and just chalk up the whole year as a loss of sorts.
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Uyou probably need to think of a plan B in case he doesn’t vacate in April. Unfortunately I don’t know the solution.
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Bsend legal notice. If you delay, consider your property gone.
I am surprised you wasted few months from April
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UIt’s basically my father, he’s very non-confrontational whereas I’ve been trying to persuade him for sending a legal notice since September.
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BHis courage to not vacate property will grow over the months.
Send legal notice, cut electricity connection, bribe cops. take help from local goon/MLA by paying some money
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Sif you can put your own lock over the property when he is away. do that. He breaks it or get it opened by a key maker. Repeat.
Get Gas and Electricity disconnected.
If there is also a parking space assigned to your flat, park any xyz out of use vehicle there instead of his.
Basically now you have to take your legal property back illegally from him.
Send legal notice ASAP.-
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Smake sure the advocate is not a kind who will keep on dragging your case and milking you, in case if youre talking with him for a full fledged case.
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UThe thing is, he’s the brother of a good friend, so hopefully won’t fleece us… Or maybe he will fleece us more than the tenant. Who knows at this point. 😂
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UThanks buddy! This has been a nightmare, but this reddit conversation has helped me ease my worries somewhat.
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UThe Lawyer has drafted a notice… Because this is a civil matter police may not interfere. Going two ways, either legal(lawyer) or illegal (goons, fights, cutting electricity and water etc,) is the only way to get it done.
The dude living in the apartment is so fucking brazen that he said to the police officers that… “I am offering to pay rent, but the landlord(my father) is not accepting it.” Like we have WhatsApp chats showing my father asking for rent and him giving this date and that date, but not complying.
The police officers have also said… We should file an NC against him.
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UMy experience in a similar case has yours has not been good with courts. As soon as you go to court, he stays on an and the case drags perpetually! Our Judicial system is terrible. I only get dates
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UWhich is exactly what worries my father… He is afraid that the case will drag for years and he will lose a good source of regular income.
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UThere is a one month notice and vacate clause in most rent agreement. Send him a notice for that also.
What do you mean by aggressive with police? Police usually get the deed done
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UThe one month notice is the first thing I told my father to send in September… But it was never served and now we are all bearing the brunt of this situation because of that.
Aggressive as in verbally, they had called him, but he started to boss the police officer and blatantly said he will not leave till the agreement is over. I have no idea what his deal is…whether he knows someone big shot to talk to the police like that.
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RFind out the number of people in his house. Send him a contest winning envelope with same of tickets for movie. Change lock when he leaves. Occupy house. Ask for rent if he asks for money.
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