- This topic has 70 replies, 42 voices, and was last updated 1 year, 2 months ago by
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ENot a lawyer
Visit a lawyer nearby and ask for openion.
Also, check if he can get police to be involved.
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SIf you have a rent agreement, send legal notice to the tenant to vacate in 30 days and clear their rent dues.
If they don’t, take it to court and get an eviction notice.
An alternative way is to when they’re out of the house , change the locks and don’t let them take their stuff until they pay their rent dues.
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SNo. It may be immoral, but not illegal.
Since your tenant doesn’t have a right to be in the property (no valid rent agreement, also being served with notice), you’re in the right to claim property without any damages to either party.
Better consult a lawyer since each case is different.
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DEven after an eviction notice has been served by the court , the tenant can still take you to court if you change locks or if their stuff is there.
Just because people do it and manage to get away doesn’t mean it is legal.
Before initiating any action how your tenants are . If they are fearful they may avoid court case but there are people who do exactly this to save on rent expenses . Recently there was a Dr. Who did the same thing for several months.
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Cwait for them to leave the flat, take out all their personal belongings, change the locks. start living there the very same day. you might need few people along with you. the apartment people will not say shit since it is your own flat. see once you decide on taking this route, there is no going back. because there is no way in hell they can prove shit and police cannot kick you out immediately as you are staying in your own flat and everything is legal on the first look. Even if they complaint to the cops, there is no way in hell cops are going to believe that they are staying there since they absolutely dont have any proof of paying rent or even an agreement for the current period.
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CTheir belongings? It’s all OP’s belongings once he is inside the flat. 😂
Imagine them going to the cops and complaining against OP for staying in his flat well within his legal rights 😆 and if they ever try to pull the same shit off by changing locks when OP goes out, then it becomes breaking and entering 😂-
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GOP – do not do this. This is brazenly unlawful. The tenant will sue you and obtain an injunction order restraining you from forcibly dispossessing them.
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Uits not so simple brother… OP would have documents showing his address (aadhaar, bills, etc).. and in all likelihood so would the tenants…
cops do this stuff everyday… it will take them 5 mins. Of course, they will not solve the issue, but trap OP in new troubles.-
Chaha yes. what you said is true. but that is not how law works in india. when cops see this they will ask both people to go to court. once they go to court, it could drag anywhere from months to years. would any sane person go to that extend, spend shit ton of money on lawyers, fuck with their own peace of mind in order to end up paying OP the remaining rent owed plus lawyer fees only to get their belongings back? and remember they have to fight all this with an expired contract which makes their case even worse and more expensive. 😀
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GThis is terrible advice. Cannot believe this is being masqueraded as “legal advice”. From a lawyer – you cannot forcibly take possession back from a tenant – paying or otherwise. You would have to issue the tenant an eviction notice, wait 15 days, and then go to court for eviction.
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CThe first term I used in my sentence was that I’m not a lawyer and you still think it’s legal advice. Goes on to show how good you are at reading points. Going through court will take way too fucking long. it won’t happen in 15 days. It can drag for even more than a year. All that time imagine if your flat is on loan? You’re fucked in the ass and what if the tenant fucks the property up before leaving? That will become another headache. also a tenant who doesn’t have money to pay rent isn’t gonna spend five times as much to just get back at you. At the end of the day he still has to pay up the extra money and then lawyer fees as well.
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UNAL
It is not mentioned if they are staying on the strength of a tenancy agreement or not.
If they are staying based on a tenancy agreement and have bills in their name to the said address as evidence, then OP will be in definite trouble. If they are staying based on verbal agreement, etc, then its a different issue.But even then cops will check with neighbors etc. who was living there. Every since housing society has individual who will disklike someone…
unfortunately no easy fix here. screwed either way.
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HI am telling what baniya in my colony did to this type of tenant once. He cutoff water and electricity supply and tenant. He had to pay little amount to electrical official but it was worth it. If it is flat then cut of lpg supply too. Pay whoever u want to make sure they dont get electricity water and lpg
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BMany ppl are downvoting your post without knowing that you are right. It is illegal for landlords to disconnect essential services without court order. Similar discussion happened in a earlier post too.
Can landlords disconnect water or electricity to force tenants to vacate?
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AAdvice to everyone – don’t sign rent agreements.
ONLY SIGN LEAVE AND LICENCE AGREEMENT.
TRUST ME YOU WILL THANK ME AND YOURSELF LATER. its much easier to get your flat back with leave and license as it does create any right for tenant.
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ALeave and License is governed by Indian Easements Act. It permits for temporary use of property and does not create any poseesion rights for the licencee/tenant in the rented property. it will allow you to get the property vacated easily as the tenancy is not covered by the rent control/tranfer of property act.
Rent Agreements on the hand create possession rights for tenants. There rights are secured by rent control act/tranfer of property act. Eviction of tenant has to be justified by the landlord. The tenant is legally more protected than the landlord
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AJust google leave and license format. Its readily available online on numerous websites. Just download and tweak annexure according to the conditions you want to add for the License.
Like we added :
1. No drilling on walls without permission.
2. No smoking in the flat.
3. Deposit to be returned after one month and settle all dues.
4. Cleaning fees on vacating the apartment.
5. Penalty for misusing fire equipment, other appliances providedJust basic stuff.
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NWhy not just have a clause in the rent agreement that the owner reserves the right to terminate the tenancy at any point of time incase of any nuisance/non-payment etc. ?
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ASure you can add any clause/condition, Fact of the matter is it will still Remain a Rent Aggreement. The whole idea is not to do a Rent Aggreement. Also, try and terminate a tenancy arising out of Rent Aggreement and let me know your experience.
You can cancel the licence to stay in the house anytime, You cannot do the same with the tenant under Rent Aggreement. Tenant has more rights than a landlord under Rent Aggreement or Lease.
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NBut can tenants get their address in documents like aadhar/bank accounts changed using leave and license agreements? I have seen people ask for rent agreements everywhere. So will this not cause issues for owners?
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ADon’t need tenants to don’t agree to it. There are enough working class, students( sharing, individual), couples happy to sign leave and license. In one year of tenancy why does your tenant want all documents on your address. My priority is to protect my property rights. Simple. Everyone is free to do Rent Agreement and provide all necessary rights to Tenants. When they refuse to vacate – you can come back to this post.
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Mnot paying dues are not a crime ? if op not signed any contract its his home he can do whatever he wants
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GNot paying dues is not a crime. It is a civil breach of contract. As a landlord, you cannot “do whatever you want”. How and why do people who have absolutely no knowledge of the law, feel qualified to confidently give legal advice?
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MYou have to start making things difficult for them. Visit at odd hours. Send people at odd hours. Say you are shifting into the flat and your stuff will be coming and you don’t want an embarrassing situation when you shift. Also document everything over email. Tell them their tenancy has expired and they are living as squatters.
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RI’m a lawyer. Do not listen to anyone telling your friend to enter forcibly and steal their stuff or sell it or keep it outside. If they complain to the cops, your friend will have to deal with a theft charge, and guess what. It’s a fucking non-bailable offence.
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ROne house Owner in the US posted a video where the Tennant was not paying rents. He just went knocked and with a screw driver unscrewed all the door hinges and took the main door away. But here the law completely protects owners, while our Tennants completely exploit the law.
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