- This topic has 7 replies, 6 voices, and was last updated 1 year, 3 months ago by
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UHi everyone,
We need some legal guidance regarding a **Tamil Nadu RLTA** case that has been ongoing for a while.
**Background:**
– In 2017, we entered into an agreement with a real estate renting agency (“A Agencies”). The agency was supposed to sublet our property **for rental purposes only**, paying us a fixed monthly rent while handling tenant management and maintenance.
– A couple of months later, a tenant moved in.
– Initially, the agency paid us irregularly, raising suspicions. Within a few months, we decided to terminate the contract and take back possession of the flat. However, we had never interacted with the tenant directly.
– A few months later, the agency stopped responding. Upon contacting the tenant, we discovered that **instead of a rental agreement, the agency had leased the property for a lump sum** and then absconded. We later learned that several other landlords in the area were also cheated in a similar manner.
– The tenant **refused to vacate** unless they received the lease amount back. Meanwhile, they haven’t paid us any rent for the past 8 years.**Legal Proceedings:**
– In 2019, we filed a case in the District Munsif Court based on our lawyer’s advice. Our primary demand was for the tenant to **vacate without any monetary compensation**.
– The court ruled in our favor, ordering the tenant to vacate within **two months**, citing the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017 (as they have no valid rental agreement).
– The tenant then appealed in the **district court** against both us (the owners) and the agency. However, the **appeal was dismissed**, upholding the original trial court order.
– We have now been advised to **send an executive order notice** for the tenant to vacate after one month.**Seeking Legal Advice on the Following:**
1. What further legal actions can the tenant take at this stage?
2. Can they **appeal again** in a higher court (e.g., High Court)?
3. Apart from waiting for them to vacate and sending the executive order, do we have any other options to expedite the process?
4. What are the worst-case scenarios we should prepare for?
5. If the tenant refuses to vacate even after the executive order, what are the legal steps to enforce eviction?**Note:** We are **not open to compromise**, as we already offered **1/5th of the lease amount** before the proceedings started, which the tenant rejected. Their lawyer countered by demanding the **full lease amount**, which we refused since we’ve already suffered financial losses (no rent for 8 years, plus property occupation).
Any insights would be greatly appreciated!
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H1. Tenant may appeal or file for revision but it may not be worth the time and money but it vindictive he might do so, just to stay the proceedings of execution or drag the proceedings further by delays and latches.
2. The tenant can approach the High Court, but since that would be a second appeal, he will be burdened with onus to present that there is a question of law that was not decided by the trial court or the first appeal court. Unless, he can show that a significant question of law exists, there is a miniscule change of his appeal to the high court that would go anywhere other than burdening him with extra legal expenses.
3. Don’t wait for him to vacate. File execution proceedings of the decree and judgment as soon as possible. If you keep on waiting, the tenant might not vacate it on their own accord.
4. Resistance from the tenant in getting the vacant and peaceful possession of the property by hook or by crook.
5. If in execution proceedings he does not vacate the premises when the court officer goes for execution of a warrant of possession. You may file another application under CPC for taking police assistance for removal of the tenant and his things from the premises.
Note: If you had the strong case you should have also prayed for the arrears of rent which would have at least compensated you for the financial loss you suffered. Since you have not prayed for that relief and if you have not made specific pleadings that you may approach court for the relief of arrears of rent. Order 2 Rule 2 now forbids you from instituting a new case on same cause of action.
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KJust as a devil’s advocate: what if tenant has proof they paid 10 years of lease amount to the property management company?
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R>Note: If you had the strong case you should have also prayed for the arrears of rent which would have at least compensated you for the financial loss you suffered
This OP. I would have claimed rent from the tenant irrespective of the fact that he paid lease amount to the property management company. You need better lawyers.
The only way out for the tenant is to drag a little but you will win for sure.
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