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MHello,
We recently rented out our property for hotel to a person who ended up subletting the property further to someone else. Since, we had mentioned in the clause that it is not allowed we asked him to vacate. He left the building except one room where he locked his belongings and refuses to take his stuff unless we return him all of his security amount.
He had previously asked us to get wooden work done for him using our own money accounting to over 1.5 lakhs and further made us wait for 2.5 months before starting the rent. He refused to pay rent for a month and started the hotel without a license. Now he won’t vacate the room and threatens us.
What is the best course of action for us in this situation? Please help.
To add more context, the tenant started hotel without license even though the agreement mentions that before making the license it is only allowed to be used as a PG. He listed our property on OYO and plenty of guests came.
Further, he refuses that he was subletting and says that it was his business partner, even though we have cctv recording if then receiving money. The person who sublet from his had asked us to rent the building to him. However, we didn’t rent it out to him and we suspect that he approached the tenant to rent it from us (since the tenant is our relative)
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HSince the tenant has clearly violated the terms of the rent agreement by unlawfully subletting the premises and operating a hotel without a license, you can issue a legal notice formally terminating the agreement. The notice should demand that he remove all his belongings within seven days, failing which they will be deemed abandoned, and you will take appropriate action to have it removed.
Additionally, the notice should provide a detailed account of the losses suffered due to the tenant’s actions, such as unauthorized wooden work expenses, delayed rent commencement, unpaid rent, etc. This will help justify the forfeiture of the security deposit.
Ensure the notice is sent through a legally recognized mode, such as registered post or email, and maintain documentary evidence to be prepared for any legal claims.
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MIs 7 days a valid time frame? Can we call police after that?
Also, do I need a lawyer to make and send a notice or can I send it myself?
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HThe timeframe to mention in notice depends on the specific terms outlined in your Rent Agreement. In the absence of any particular period mentioned in the Agreement, 7 days would be fine. Also, you can draft and send Legal Notice yourself, however, I would recommend that you do it through a lawyer.
The police do not have the authority to evict a tenant; that power rests with the civil court. However, since the tenant has already vacated most of the premises except for one room, you may consider breaking the lock, removing his belongings, and changing the lock to prevent re-entry.
If you choose legal way forward, you will have to file eviction suit, and that process may be lengthy and inconvenient. Instead, after terminating the agreement, you can just remove his belongings and change the lock to prevent re-entry. If he decides to take legal action, you can defend your position. Make sure to keep documented proof of his illegal or unauthorized activities to safeguard yourself in case he initiates any legal proceedings.
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