- This topic has 49 replies, 42 voices, and was last updated 1 year, 4 months ago by
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UHi guys,
I(38M) from Pune, rented my flat to a person who is divorcee. We later realized he is living there alone instead of with his parents which he pretended to be a permanent thing. He has kept the flat in s super dirty condition.
Now our legal rent agreement ended in Nov 2024. We intend to sell the flat, this guy has kept the house in bad condition so we cannot show the flat to buyer in that condition. We have been requesting the tenant to empty the flat so they we can paint it and try to sell it. But the tenant is super rude and hameless says he will leave the flat only when he finds a sufficiently good flat. No dates nothing. We as simple people tried to send him the No broker listings, and helped him with broker too. But he is still not ready to leave.
Once we had some heated argument, he said do what you want to do. Worst part is he has kept paying rent regularly and I have no idea ho to evect the guy.
Need to evict hime asap, as we have buyers for the house, need to sell the flat as soon as possible due to financial need.
I read lot of posts in this sub and others too, I realized going legal route sending notice, getting eviction notice etc will take years… Being a simple and (yes I accept this) cowrd man, I cannot just take few goons and throw him away…
What are my chances, how can I get rid of this person? I am afraid if he files a police case against me for any reason shouldn’t affect my job which is in a reputed IT firm.
Any help and advice to get rid of this person asap will be helpful.
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CThere is no “quickest” legal way to this unfortunately.
I am assuming you have a registered leave and license with this guy. If yes, send him a legal notice for eviction and termination of leave and license. Most of the times a person folds after receiving a legal notice.If he doesn’t, file a case before Small Causes Court, as it’s a registered leave and license, the proceedings are fairly simple and quick.
Legal proceedings in cases where there is no registered leave and license are long drawn and may take years. Yours should not be the case. So stop wasting time and send the notice and file the suit for eviction.
If you cut the electricity or water, it’s a criminal offence, so don’t do it.
Good luck.
I am a lawyer.
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UThe guy is fairly readi for court case as he have idea hot to play and keep laying with system for months and years….
I would like to know one thing… If the power and electricity is actually cut… It is set to be a criminal offense.. but what are the penalties for that… ?
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RBuddy just pay up some goons to throw his stuff out when hes not in the flat. He can file a suit for illegal dispossession under Specific Relief Act, but it will take so long to finally settle the case. Get your facts straight that he left on his own after the rent agreement expired and is now unnecessarily dragging a court case. Trust me hes relying on slow legal process if you try to throw him out legally just turn the table and he will have the burden to prove that he was thrown out illegally if he goes to court. Hate these type of tenants who think they know better.
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UDid you get the registration done when giving him the flat ? I dont mean just agreement. I mean govt registration. If you have got that go to police, use the rent which he has paid you. You know what i mean right.
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PTenant might already be going thru a lot due to court cases and divorce. Just talk with him nicely and show some sympathy . May be have drinks once or twice. Man are simple. He will understand and move out if you explain your situation nicely. If this doesn’t work then do what others are saying ki meter chura lo, pani bnd krdo, and all.
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UCut the electricity and water connection by paying someone and when he files the case just dont accept that you have done it. Take the help of society secretary,
Or hire goons to threten him,
If you are worried of case being filed then you cant make him leave i feel. Anyone can file a case against anyone, and if you try to do it legally then he can file a case against you.
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U“Worst part is he kept paying rent regularly”
I chuckled lol. Rare to find an assehole with principles.
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UIf he keep paying rent, just increase the rent in next agreement, by around 50%, I don’t think there is any law for that, if he stays he has to pay
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UIf the lease is terminated and he still isn’t evicting, file a police complaint for trespassing. Maybe, try having a ‘talk’ with the SHO and explain the situation to them, if the SHO seems to be the kind of guy who would take some to get the job done, give him some money and ask him to help you out with it. At the same time, keep the copy of eviction notices/ legal notices you have sent to him.
I see alot of people here suggesting hiring goons etc, but thats no civilised way to conduct yourself. I understand paying the cops isn’t very principled as well, but its better than paying goons.
Send him a legal notice (not a simple eviction notice, stating that his lease has been terminated, he has violated the terms of lease already, and he shall be liable to damages and jail time if he doesn’t vacate immediately.A law student here. Lawyers may suggest changes to the solution i have attempted to provide.
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UI hate to say this and not legal advice – but when he is away, go to your flat and put his things out, put a different lock. When he wants to enter – ask for lease.
Unfortunately the legal route in India is long drawn out, expensive with no upside.
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MA low key way is check which company he is working and send an email toHR of that company. That could help. Not proud of it but we have used this route once.
Or just spend a few lakhs and file cases on him
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UNAL
Well, do the same thing by which bachelors are kicked out from the society. Get your Society head and people together and ask them to evict him citing that bachelors/ divorced/ single people are not allowed. Works equally well if he eats non veg and others don’t. Basically, use society rules or laws to get him out.
From what I know, fighting cases is never about following or not following laws but always about an ambiguity or vagueness in a law which can be manipulated. Find a loophole and gather people for your case.
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Sif agreement is over-
Call local cops- make them understand the case- tell them you need the possession – if you can push the guy out in presence of cops nothing like it- trust me stupid as it sounds- this is quickest way- make sure cops are present while you force him out- have some people to help you throw his stuff outside house-
i will get alot of heat for this- but this is tried and tested model- that has worked for alot of people.
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PPlease don’t pay him the security deposit unless he vacates the flat first. People like him can’t be trusted.
If he has to pay at the new place, tell him to negotiate the terms there. He has violated his terms of tenancy here. You should have reminded him to vacate in Oct 2024 only. Without a rent agreement he is staying illegally.
Do you have any lawyer or cop friends who can do a “courtesy call?”.
Also, don’t cut off water and electricity aa suggested by someone here. It will land you in trouble. -
UNAL.
Is that a rent agreement or precisely leave & license agreement?
Next time you rent out a property, ensure your papers read leave & license agreement than rent agreement. And owner-tenant are referred to as licensor & licensee instead. Makes the legal standing different since rent agreement is seen differently from legal angle and it protects tenants over landlords.
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UYes.. it’s is Leave and liscence agreement… And mentioned liscensor and Licensee… How different it will be to get rid of this guy?? Won’t it follow the terms of rdnta agreement?? Will the evacuation notice different??
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UThen I believe he’s not too difficult to remove but yes it’ll still take a couple of weeks if he’s really not worried about going through courts.
Your leverages imo are,
– Govt. Employees fear getting complained about officially. So that’s one aspect that can get him to run. You are in a legal transaction that he is faltering on. A police complaint and that knowledge reaching his office can very likely get him suspended and his employment record files stained.
– Guess you will have to get a legal eviction notice and the resulting countdown of him must leaving (or legally double defaulting on the contract of license) started. And he WILL have to face the music sooner as apart from the running around the case of guilt is clear here.
– Your description of his living condition probably also points at you dealing with a person who may be suffering from depression after that failed marriage case bit. Maybe he is just a chronic AH before all that and she got rid of him too. But maybe see if it’s really him coping with his devastation and just seeing you as a replacement nemesis to battle and get his misplaced kicks. So you can address this link empathetically and he may move on from quarrelling with you guys finally. If not, atleast you will have felt you tried all non-hostile options and resolve to get your own asset back in your control and do whatever is needed (which is quite a simple one in your case ‘relatively’ to legal issues that go on & on in our country) for it.
Goodluck!
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MAs you are looking to sell your flat, get a broker who is also influential – a local who can help in evicting this guy. Be upfront and tell the broker your situation and also that you will go with flat sale through him. He will have an incentive to help you. You can also ask your housing society to not allow him to enter since there is no agreement and societies ask for agreement to allow tenants. I also think if you approached your nearest police station they might be willing to help – maybe just scold/scare the guy. They may be sympathetic to your issue and help out a little. No harm in talking to them and asking them for guidance. Maybe you could also explore getting into an agreement with another guy and he can insist he needs to live there since he has agreement and the old one does not.
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UKeep a watch on when he comes & leaves the house
Next time he leaves, break the lock & get inside the house
Remove his stuff & keep it outside the house
Record the entire processIf he complains about anything was stollen, show him the recording. If he calls police, you have the messages to show that he has not been leaving the flat & the agreement is already over so he was staying illegally.
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Fbest would be to find the govt dept where he works, get hold of his immediate senior and ask them to intervene, this has worked many times, a govt employee cannot afford to be in the wrong books of his seniors, I am aware some kind of cords will be needed to be pulled at your end but that would be the best option in this situation,
police will not take action they will pass it on as civil matter.
also tell him that you can give him a posted dated cheque for his security deposit, that way he doesn’t have to worry about you not giving the money to him, but in no case give the money before he vacates.
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Rhttps://timesofindia.indiatimes.com/city/noida/tribunal-ends-4-yr-occupation-slaps-rs-20-lakh-fine-orders-tenant-to-move-out-in-a-month/articleshow/117894717.cms
Try this route if he doesn’t vacate. Not the quick one though but definitely put a case in tribunal while dealing through alternate modes in parallel.
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HOnly recourse is the way of law. Send a legal notice wherein the tenant will be awarded a timeline to evict. You will need to be patient this way.
Also, have the tenant agree that they will allow “viewers”. These could be friends of yours who visits during ill times.
Do not cut off electricity or water. These are basic amenities and denying your legal tenant these could land you in troubles or the wrong side of the law.
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RFirstly, stop taking rent. If you continue accepting rent, it amounts to condoning his behavior. If he’s sending money directly to your bank, see if there’s a way to prevent money from his account coming to your account. If not, promptly return the money that comes in. Even if you were to take legal action, it would be very easy for him to claim there was an oral understanding that he would continue, and he would point to you collecting rent as proof.
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