Rajesh (UN KNOWN) 06 April 2016

Bachelor tenant creating problems

We (My Father in Law) gave a 2bhk house for rent to 4 bachelors on 11 months of agreement on Rs.100 stamp paper (not registed & not noterized) with rent approx 10K which is ending on 31s-May-2016.

We have sent EMAIL to them to vacate the house for Personal Use giving them 2 months of notice which they replied [marking CC to a lawyer] asking us to send a legal notice with signature from the owner (my Mother in Law is the owner).

Out of 4 bachelors, 2 have left few months back and 2 new bachelors replaced but new are not mentioned in the agreement, they just sent identity (PAN etc) details on email which we never ever replied.

These 2 new bachelors are creating problem in vacating the house and sending emails threatening to my FiL giving reference of as per Karnataka rule, this rule, that rule etc etc keeping a lawyer in CC.

1. Do we really have to send a hard copy of legal notice to them or EMAIL is sufficient? Email has been replied by them to send hard copy of legal notice.

2: Cant these 2 new tenants be named a illegaly staying in our flat and file a police complaint and ask these 2 new bachelors to vacate the house immeiately with Police help?

3: What are best possible way to get the house vacated ASAP? After end of the agreement, can we take help from Police to vacate the house?

4: House is now in BAD shape. As per the agreement, cant we deduct 1 month of rent (or higher based on quotation from the vendor)?

Thanks a lot

Regards

Rajesh

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3 Replies

saravanan s (legal advisor) 06 April 2016

Send them a notice with acknowledgement asking them to vacate the premises by the end of the agreement period.if they dont evict wait till 31 may 2016 and beyond that you can file a case of criminal trespassing on them.

(Guest)

Rajesh

1) While dealing in such case Every written thing should be given with permsision of Advocate who is competent in Rent Act.

2) I have not studied Karnataka Rent Control Act but with good knowledge of Maharashtra Rent Control Act , I will suggest vacate them tactfully don't rely on court , matter gets dragged a lot in court and It is waste of time in court you can spend few years easily .

3) Accoring to Maharashtra act liability of registering leave and license agreement is with land lord. Similar provision must be in karnataka (All state laws are copied from each other this is my general experience ) . So you need to study your state law and take steps carefully

4) I remeber one person said to me , Giving premises on rent /leave and license is very risky matter and this is true .

Please consult local good Advocate who handles rent control matter

tradesinc (owner) 10 November 2017

If you have trouble makers as tenants are in real trouble your life is ruined as there is 0 ptoyrcyion for the landlord in India judiciary people are struggling for 30 years with 0 results and 0 progress the tenant is fully protected by law and can can enjoy the property without paying any rent its his right Indian law . I learn t this the hard way after many years in courts the orders can be set aside in just 1 sheet of paper please never give more than 3-6 months lease agreement..

u will end up spending more than the rent and spend weeks months years decades in courts

https://drive.google.com/open?id=0B--Jc2ljka1oM3lYTFNqNmo4Smc

https://drive.google.com/open?id=0B--Jc2ljka1oMzM5M0hRcElZTzQ