Hello,
I have a tenant that has not been paying rent on time and/or has delayed paying rent ever since the start of the agreement. (11 months)
They were initially asked to give PDCs when signing the agreement but we were promised this would be handed within the week of signing the agreement, but till date that has never happened.
When they defaulted and asked to vacate, they have bluntly refused. My dad, who was handling my affairs as I was working out of town, is old and has always had a tough time dealing with them.
The agreement was signed by a lady and her husband but her son-in-law was the one who initiated the whole deal and spoke on their behalf. (He also seems to work out of town) The lady and her daughter always seems to be the ones at home and none of the men are present when they were visited for claiming rent or ask about the PDCs. They are very arrogant, rude and abusive and being women, there was very little my Dad or the agent (through whom we got these tenants) could do.
Just recently, the society also handed us a notice sugesting that the tenants have created a nuisance and caused inconvenience to other members of the society. They have been disrespectful and abusive towards the society members and have asked us to get them vacated in a week. We have however requested the society to wait until the 10th of March as thats the monthly date of their agreement.
This time I personally when and spoke to the secretary to see if the society could wait 1 more month as their agreement expires on the 9th of April to which the society refused. I then went to the tenants and conveyed the same to them which did not go down too well. They bluntly refused to vacate and said they were within their rights to vacate only at the end of the contract or we were to pay for the agency and relocation fees that they had to spend. I mentioned that the society has threathened leegal action against us if we did not oblige so would be filing an NC at the local police station. They got very loud and abusive and we left and immidately informed the society secretary about the same. I also then spoke to the son-in-law over the phone but he too was requesting to wait until the end of the lease.
On the way to the police station, we received a call from the cops who informed us that the tenants has filed a complaint against me for assaulting a lady (who is pregnant)... I explained the whole thing to the cops but due to them being ladies and especially the one being pregnant, the cops understood my plight, but were helpless. The ladies started creating a racket at the station as well and started raising accusations that were baseless and unimmaginable. Even though their accusations could easily be proved untrue, the fact being it was late evening and ahead of a long weekend, their motive was clearly to just get me locked up. Fortunately for me, there were people locally that came to my rescue and I was let go with a warning. (probably a notice from the teshildars office may follow in the comming weeks)
The cops also clearly said that now i couldn't get them to vacate and would have to wait until the end of the agreement.
My query now, how do i get them to vacate as am sure they will not vacate that easily. (reasons; pregnant lady in the house, kids exams, etc) Also, whilst they still occupy the flat, what will be the libiality of the rent plus will i be able to claim fines for inconvinience and any legal fees that I may have to spend?
Any guidance i greatly appreciated. If any further info is needed, please let me know and will revert back.
Thank you in Advance.
