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UI rented out my flat in Hyderabad to one businessman by making a rental agreement for 11 months. He stopped paying me rent after 9 month of his stay. He is defaulter on rental payment for 4 months now. I have been asking him to vacate since 01 month prior to end of this agreement. He has kept his mobile closed ever since he moved into my flat and have not shared the exact address of his business. When I approach the flat to discuss with him, he is never available and his family members do not come in contact mostly. I served him eviction notice with 1 month time to vacate and that too ended without any response from his side. What action should I take.
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BI am no lawyer but these cases takes 15-20 years legally. I have read similar news.
IT family are safest tenants.
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SIt will not take that long. Suit for recovery of possession > suit for eviction. Tenancy has ceased. Now he’s a squatter. No more than a year and a half.
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BIt took 3-4 years in this case
https://x.com/DeepikaBhardwaj/status/1750595525043458538?t=aY9-DH5GSbyHyZOfdBe08g&s=19
Read it. She could have easily refuse to vacate flat for another 15 years
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UNAL, I had a neighbour who suffered a lot because of a crook tenant.
DO NOT TAKE THIS SITUATION LIGHTLY.
I saw the neighbours family suffer for 2-3 years. Police will not help telling it is a civil case.
Courts will help, but this will take a lot of time.
Also, you cannot legally cutoff light/water supply.
Best option is to pay off local goons/BJP/Congress/what ever there in HYD to help vacate the flat (this was the suggestion given by cops to my neighbours, they had a cop as a family member, but still they were helpless).-
ISo what happens if we cut off the electricity and water. It’s not like they’re going to go to court. I mean I can’t think of any other peaceful way of getting out people like this. Or just lock them out when they’re out that also works ig. Unless the opposite party has strong political influence or is a goon then it’s pretty manageable I think to get them out unless you’re incline to do everything the legal way.
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DWhat is criminal offence?
Using reasonable force to evict the tenants is allowed by law.
Not sure about electricity and water.
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DYes. Maybe you need to go back and read. I am not a practicing lawyer but by degree so i know what i read in the textbook
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UNAL.
Reasonable force to evict tenant legal for bailif/cops based on court order.
Not for a random civilian even if it is your property.-
DWhy you speculating if you dont know what the law of torts say?
Aggrieved party can use reasonable force not just in tenant case, if there is private nuisance, trespassing etc.
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UYou mentioned “Using reasonable force to evict the tenants is allowed by law.”
Which law allows you to do this ? -
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DSo here’s the thing.
If the person is not answering the phone.
Is not there when I come to the house.
Has not made contact with me for months.
Has not paid rent for months.
Has not read the legal letter I sent.
I have reasonable evidence to believe that the tenant has absconded the house itself.
I turned off basic supplies for my empty home. That’s it cause it’s a waste of resources. How would you defend against all this in the court?
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PWhile what you said is logical, SC court ruling supercedes it. Per SC, life essential services such as water, electricity and road access cannot be cut off even if members default. In the event you deny these services it is equivalent of committing a murd3r. So, be careful of what dictates before taking any harsh decisions.
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MBut that doesn’t apply to electrcity supply companies ? I am aware of instances where the fuse is pulled if the bill is delayed by a couple of days.
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CYeah this seems like the best option. But I’m sure the tenants in this case would just pay the electricity bill themselves to keep the flat running
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M1. Send a legal notice. with about 15 days to respond
2. Connect with a lawyer, file a case and hope that you can get an eviction order.
When you say your tenant is not at home – I assume that no one is at home. You can consider the following
– changing the locks
– notifying the apartment association that your tenant is no longer your tenant and should not be allowed entry into the building
– asking the authorities to suspend your water and electric connection for 1 month
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UThe tenant (main person) generally have not time schedule of coming and going at home. Mostly he comes late night and leaves early morning. I doubt he has another wife and sometimes stay with her. But the one staying at this flat along with her son do not respond whenever doors are knocked. They have a separate contact number which they have not shared to us and the family communicate to each other using that number.
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AIf you’re in a society, then you can disconnect your electricity meter.
See if you can stop water supply too.
NAL but I did the same
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Wtry to take access of your house. kick them out
stick notices on the door..
they haven’t reverted to your notice, send another notice, If this a flat then speak to the association, and cut off the amenities like water and electricity,
If you have police contacts then take someone and knock on the doors and try to get access to the main person, if there is no response, take a separate lock and you put that lock.. keep the evidence in digital form
its high time you need to take action. -
CGet some goon or politician help .. legally it’s gonna take years…and your flat is gonna be sealed until the court decides
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SYou have to pester them. Post notices all over the apartment. Shame him. Keep turning up at the apartment. Get a chair and sit outside the apartment starting at 6 AM. If you see him or his family, make demands for rent in kind – phone, gold bangles, any other jewellery, vehicle, etc. Ask them for the keys. Say you’ll come back for the rent in the evening / 2 hours / 4 hours, and do return. Living there must seem like a hassle to them. You can also turn off power once in a while, without owning up to it. If by chance the police gets called during any of this, you must call it a civil matter and ask the police personnel to give it in writing that you can’t come to collect rent.
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ATaking to this in court is useless.
They will take their sweet time like 5yr or more.Some police will ask you to hire local goon and force evict them.
Take their stuff and throw them out of the apartment.Will they complain to police? how ? on papers they are not tenant anymore.
If they bring police you can show them the papers they are not the tenants.
Police will take your side. -
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VLawyer here!
Send them a legal notice terminating the tenancy and then file a suit for eviction and payment of arrears of rent and possession in civil court.
The second way is a bit reckless but quicker and acquired with a lot of hard work.
If you wish to discuss in detail, feel free to reach out.
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ACutting water and electricity is a criminal offence. But electric meters can get faulty or develop loose connections😉
Also, if the apartment is at a higher floor, you can very well deny him lift access and also access to any other amenities in the apartment. You’ll need the support of your association though.
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PThat’s why I prefer renting to only IT folks, female students, male students in tech courss, bankers etc.
Businessmen, lawyers, medical professionals are politely declined citing some reasons.
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PI have had a guy in past who started seeing few patients at home. His argument, they were some sort of relatives and just needed some reports to be looked at. But he had lot of those relatives.
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PWhat if the electricity meter is stolen?
In that scenario, the tenant(squatter) here will require landlord’s signature for the applying new electricity meter. -
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UDon’t you have keys to your house? Then wait for all of them to leave and then just change all the locks
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P– What floor is your house on?
– Is this a registered rental agreement or some stamp paper one?
– Stop paying the society maintenance. Ask help from the society committee to deny them access to amenities and other services.
– Make their life a misery. Post lawyer notices on the door. Keep knocking on the door at odd hours. Sit outside the front door early in the morning. Don’t get hostile or physical. Just keep shaming them.
– Try and find their relatives or place of work. Shame him there. I am sure most of these guys would be pros so may not matter much. But legal route will take its own sweet time, till then you try and speed it up.
– Immediately hire a lawyer and start the eviction process.
– Don’t think about cutting water, electricity or forcefully entering the premises. You can he arrested and tried.
Good luck -
UStop making rent agreements from now
Please make leave and license agreement from now on, since they are registered in court already there is no scope for any tenant to blackmail you.-
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UIf it’s a LL agreement then there is no issue, the owner can call the cops and they will evict the tenant for him. Else not the court will issue order for eviction pretty fast since it’s a LL.
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UThat’s not how it works in real life, only in theory. All it takes is a spurious claim and cops won’t do anything, call it a civil matter. Judge will rule in favour of repossession but if the tenant wants to fight it they will appeal. This will drag on until a middle man offers to sort it quicker for a fee.
Source: been in this position a few times in Mumbai
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PIn a similar situation, what I did was:
I said I would be coming on Monday and would take everything from home and throw it on the road.
When I visited, the door was locked. I had a spare key, so I went inside with the help of a few close friends. I started moving things to the parking area—not everything, just the fridge, oven, tables, TV, cupboard, and mattress. Then, I changed the padlock and went home.
He tried calling me many times, but I never picked up.
The next morning, he called again. I lashed out at him and said, “If you don’t vacate the house within two days, I will bring goons and evict you.”
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PHe evacuated….best part was whole evacuating near by neighbour came and saw nd started cursing him .
I lost like 54k in rent (advance -months rent due)but it’s all good now -
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UIs this flat in a covered campus or a standalone apartment? If it is covered campus, you can block their access of Mygate or whatever app they have. You can ask RWA to stop utilities supply to your flat. Give a request to electricity board for temporary cutting electricity connection. Before going the legal route, which can become stuck given pathetic laws, try these things. Also, shame them on society WhatsApp group.
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