tenant not paying rent - manhandling owner
M. SREENIVASA RAO
(Querist) 27 April 2013
This query is : Resolved
Sir, I am a retired employee. A tenant in my house joined about one and half year back has been troubling me, not paying rent in time, not vacating the house even after telling several times and dues are accumulated. When I demanded for payment of dues immediately, he uttered words in abusive manner using filthy local language. Besides staiying unauthorisedly without paying rent dues, he tried to tamper the power sub metre, drained the water from taps leading to unavailability of water to others, and also causing damage to the let out portion of my property. When I tried to stop him from such acts, he alongwith his wife and chldren manhandled me causing bruises and cuts on my body and gave a complaint to the police colouring the things in different . I also gave a complaint to the police giving the facts. The police instead of registering my complaint, advising me to come to compromise viz., accept payment of dues as and when he wishes, provide him amenities, allow him to vacate house as per his wish and cautioned that I will further loose if I prefer complaint registration and subsequent followup of procedure including court case. In view of the above, I request you to guide how I can protect my interests and what the relevant laws say on these type of cases. Thanking you.
ajay sethi
(Expert) 27 April 2013
1) is your leave and licnese agreement regd
2) since license has defaulted in payment of rentals issue him legal notice calling upon him to vacate the premises. also demand arrears of rentals .
3) file suit for eviction
M. SREENIVASA RAO
(Querist) 27 April 2013
Sir, There are no written agreements. Please inform the rights and responsibilities of both the parties, once the legal action is initiated.
prabhakar singh
(Expert) 27 April 2013
In absence of written agreement if title vests in you he would be treated tenant month to month which you can determine serving notice of a month by registered post with acknowledgement due calling upon him to quit and pay arrears for period of tenancy and damages for wrongful use and occupation after determination of tenancy.
There after a suit would lie.
Visit a local lawyer dealing tenancy cases.
sibojyoti chakrabarti
(Expert) 30 April 2013
Dear Mr Srinivasa Rao,
The Tenancy Acts are different for different states. In West Bengal for instance not paying rent consecutively for 2 months is a good ground for eviction, also requirement of tenanted portion for personal use is another ground for eviction. At the outset, i would suggest you to give your tenant a lawyers notice for eviction. The notice should be registered with A/D. Thereafter you can file a suit within your jurisdictional court for eviction. One more thing while filing the case attach a copy of the Police Complaint filed by you earlier, which will make your case stronger.
If you have any more querries can contact me, will be happy to help you. ph-09883122412.e-mail- sibo.chakrabarti@gmail.com
With Regards,
Sibojyoti Chakrabarti
M. SREENIVASA RAO
(Querist) 06 June 2013
sir, I gave lawyer's notice by regd.post.with ack.due on 24.05.2013, which he has not acknowledged yet, calling upon to pay arrears of rent and to vacate by 01-07-2013. Should I wait till 01-07-2013 or can I proceed with filing of suit for eviction. Please guide.
