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BI have an apartment in Bangalore and gave it to rent in 2022. Tenant never paid any dues and after few months sent legal notice. The person came up with false accusations/ receipts etc and delaying the court procedure now almost 3 years. He also has local political connections.
On top of that our lawyers are not helpful as well. Never provide the updates on time or no plans of action or anything. Keep saying we need to be patient as its Indian Judicial system and takes time.
Any insights on how long such cases drag in the court? How money is collected from the tenant once the decision is made ? Should I even expect to get back the money or forget about it and be thankful if the decision is made in my favor?
Any experiences through this route?
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SHi OP. This will take time.
Just a thought for next time. Next time if you rent out your place to someone, insert a clause stating that if the tenant doesn’t hand over the vacant occupation of the premises to you at the time of expiry of termination, you’ll be entitled to block their entry and throw away or dispose of their articles as you wish, and that this would not render yourself liable for any civil or criminal action. Add further things which support this and make this non negotiable clause.
And register your LLAs from now on so that your rights are air tight and cannot be disputed in court.
What’s already done is done. This is just something to be followed from now on.
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SLeave and license agreements. That’s what is mostly used by people renting an apartment. It’s different from a lease.
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RThank you for your response.
Is this the same as a rental agreement? Usually rental agreements are for a 11 month duration. Are registrations needed only for agreements for 12 months or more OR regardless of the duration?
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SRegistration is mandatory only for agreements having a duration of more than 11 months.
But it’s not like we can’t register the document if the duration is lower.
The main difference between LLAs and rent agreement is the nature of the property after the agreement is done. LLAs give you a license to use/occupy the premises. But no right is created.
In rent agreements a temporary right is created to use the premises.
All malls in India use LLAs when dealing with various companies who want to open their stalls in the mall.
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SYou’re only waiving off your right to initiate civil proceedings in the event this particular situation arises. This is legal. The party will still be able to sue because of any other dispute.
Settlement deeds usually contain such a clause as well. They usually contain something along the lines of “party A hereby confirms that the dispute is resolved to his satisfaction and affirms that he shall not initiate any legal proceedings against part B with respect to the subject matter in the future.”
Also, the most important part of any property transaction is possession. You can use this clause as a justification to throw them out and regain possession. Even if they do initiate proceedings, you can easily quash them. And if you can’t, at least the possession of the property will be with you. You’ll have to maintain the status quo during the course of the court case, but at least it’s safe with you.
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DPlease let me know more ahout LLAs.
On a side note, I think a clause of this sort could be hit by S.28 of the Ica. What if you take an alrernate route of heavy monetary damages, because that cant even be proved invaled.
For eg. In case of non handing over of peaceful possession the tenant shall be liable to pay so & so amount to the landlord which is refundable if the tenant’s claim is decreed and all appeals, revisionc etc etc have been exhausted.
What would be the pros and cons of this v. the clause you suggested. -
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P“Suna hai teri beti/beta xxx school me padhta hai.
Socha yaad dila du”
Just say this to him and see him out of your flat within a week. Thank me later -
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WHope you have a rental agreement, to fight it in court it will take ages.. there is no guarantee that even you can get the due rent. You will have to waive it off for eviction. A person who hasn’t paid you rent for 3y do you think he will pay the rent all at once even if the court orders him to do? It’s a big NO
These cases will take ages even with very good lawyers..Seeing the response from your your lawyers they dnt want to take up this case.. change your lawyers.
Getting an eviction notice shouldn’t be more than 2months.Best thing to evict such tenants is to use your muscles power (brain)
Cut off the basic amenities to your house you are the land lord you have all the right to approach the competent authority.
If you cut off electricity and water even if he has political connections do you think he can survive in the flat?
If the apartment is a bigger one, you must be in the association of society. Look into the bylaws if some one stops paying maintenance what are the consequences..I guess access to amenities are stopped like Lift, water, garbage collection, upkeep of common areas,play your part.
You can write to society in the pretext of refurbishing the apartment stop the water connection to my flat. They wil do it happily..It’s time for you to take action.
Do your math I’m taking the least rent 10k/m 1.2L a year
3y 3.6L without increasing the rent on a yearly basis
Do you think thw tenant wil pay you this amount all at once??
Stop taking losses..
Pay 20-30k to the police somehow get a eviction notice from the court, rest assured they police wil take action..
Your intention should be to evict the tenant..-
BYes we have rental agreement and have stopped paying all the bills couple of years back.He is paying all the society bills to keep the utilities running. Society is getting money so may not stop it.
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WWell you can take up with the society, that the tenant is staying illegally in your flat and you are requesting them to stop all the amenities. You have the right as a flat owner.
To support your claims they might ask you to give them
The expired rental agreement, eviction notice, etc
You need to hire a good lawyer and get that asap.
Where there is a will there is a way..
BESCOM connection would be under your control
You can ask them stop it for a days citing renovation, electrical alteration etc
Once electricity is out
He will definitely move out.
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SCant imagine a BLR landlord going through this after they put their tenants through 10 months deposit.
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KNot everyone does that mate, initially we used to just take 2 months of rent as deposit but after dealing with some nasty tenants, we raised it to 3-4 months rent
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JBefore taking the legal route you should have done this, I don’t think it’s possible now.
Collude with bank manager, take mortgage loan, default on payment, bank will take over the home. Once the tenant is kicked out, payback the loan and get your home. The bank manager will ensure that it doesn’t get auctioned and will give you time to pay back the loan. Repaying the loan, you will be giving extra money to the bank. But, you will have peace of mind and your home back in your kitty.
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DWhen u say local political connections, which party? If it’s not someone like am MLA thn don’t worryy.. Corporators don’t got much except rowdism but they won’t harm u either cuz they know their limits.. Find someone in your circle who knows thr commissioner or a KAS officer or even an IPS itll be taken care of once the court gives it’s verdict which will usually be in favour of the landlord. If the judge itself is playing games I am sorryy ull have to find someone who has contacts of big daddy judges.. Also if your lawyers are incompetent change em, they most likely are eating money from the other side
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KMy family suffered and is still suffering in bengaluru from the same case as yours
My suggestion would be,
– I’m suspicious about your current lawyer as they might be taking some money from your tenant and delaying the case
– Change lawyer, they need to be aggressive and get things done ASAP or else it’s a gone case
– Talk to the new lawyer and attach whatever the tenants own ASAP, like a property nearby(or hometown), vehicles, etc; anything registered in their name, so that court can seize them and you will get you money back
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L>Never provide the updates on time or no plans of action or anything.
Use the e-courts app or website to keep a tab.
>Keep saying we need to be patient as its Indian Judicial system and takes time.
That’s unfortunately true, but you can discern why its dragging on, using the app above.
>Should I even expect to get back the money or forget about it and be thankful if the decision is made in my favor?
Unfortunately, the system is slow. In a city like Bangalore, especially so. If the tenant is dragging on the matter, without just cause or by filing frivolous, meritless applications, move a revision in the HC and seek a direction for timely disposal.
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AListen, if he has connection, then he will go upto Supreme Court and there is a rule which states that if a person has lived in a location for more than 12 years then it’s adverse possession and it’s the possessors property. But in your case, hopefully, it will be decided in your favor. And it may take upto 20 years.
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Peviction and rent recovery cases in India can take several years, especially if the tenant is using delay tactics and has political connections. Since your lawyer isn’t proactive, you might consider switching to a more aggressive one who can push for **case expedition** under **Order 17 Rule 1 of CPC** and object to unnecessary adjournments. If the court rules in your favor, you can recover dues through **execution proceedings**, where the court can attach the tenant’s assets or salary. However, actual recovery depends on enforcement—if the tenant has no attachable assets, it may be difficult. If things are dragging too long, you might explore alternative dispute resolution (ADR) like mediation. Consider consulting a property dispute specialist who can navigate this better. Stay persistent, and don’t hesitate to escalate matters if needed.
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SThis sounds like a frustrating and exhausting legal battle. Unfortunately, in India, rental disputes—especially when the tenant is using delaying tactics and has local political backing—can take several years to resolve. Here are some key insights based on typical scenarios:
**1. How Long Can This Drag On?**
* Rental disputes, particularly where the tenant falsely claims payments and disputes evidence, can last anywhere between **3-7 years** in lower courts.
* If appeals are filed, it could take even longer, unless you have strong legal arguments to expedite the case.**2. How is Money Collected After a Decision?**
* If the court rules in your favor, it may order the tenant to vacate and compensate you for unpaid rent and damages.
* If the tenant refuses to pay, you may have to file an **execution petition**, which can take additional time.
* In some cases, the tenant’s assets can be attached (like salary, bank accounts, or movable property) through court orders, but this depends on enforcement mechanisms available in your case.**3. Realistic Expectations – Can You Get Your Money Back?**
* **Best Case:** If you have strong evidence (agreement, non-payment proof, bank transactions), and your legal team pushes for a quick resolution, you may recover a significant portion of the dues.
* **Worst Case:** Even with a favourable ruling, enforcement can be tough, especially if the tenant claims financial distress or stalls compliance.
* **Practical Advice:** Consider the possibility that getting the property vacated might be the best realistic outcome, and any financial recovery would be a bonus.**4. What Can You Do Now?**
✅ **Get a More Proactive Lawyer** – Your current lawyer sounds passive. A strategic, aggressive lawyer can make a difference, especially in fighting delay tactics.
✅ **Push for Case Expediting** – If delays are intentional, you can file an **application for early hearing** citing unnecessary stalling.
✅ **Use Media/Social Pressure** (If Applicable) – If the tenant is abusing political connections, exposing them legally or socially could add pressure.
✅ **Explore Mediation** – If a prolonged legal battle isn’t in your favour, a settlement (even partial) could be an option to cut losses.Would you like help drafting a strong letter or legal notice to push things forward?
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UI’ll tell you the way. I assume you have a wife/daughter/sister in your home? If so, file a false sexual assault case against the male child of the tenant. If possible, file 2-3 separate complaints.
I’ve done this with a tenant having very strong connections to the ruling party of India and trust me, not only did I recover my dues in full and the tenant vacated the property, but I legally extorted 3 crores from him, that too all within a month of the cases being filed. Oh and his son was arrested straight from his college, non-bailable for 3 months. 😆
They left the city 2 months later, never heard about them for about 3 years after that, at which point I got to know that the son committed suicide.Trust me bro, this works. Sab hekdi nikal jaati hain, jab loda khud k bete k gaand mein ghusne waali hoti hain. 🤣
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