Tenant not ready to vacate the room


Dear Advocates & experts,

I have a situation wherein my tenant who is leaving since last four years is not ready to leave the house. We didn't have any leave & license agreement becasue it is a Chawl & generally in Chawl the rent is too low & nobody does the leave & license agreement. My tenant wife has suited our neighbors for 354 & the case is still going on in which my wife is a witness & I helped them a lot financially & otherwise. My tenant used to fight & beat his wife on small issues, On 30 Oct, 2018 he has beaten his wife so badly that she lodge a complaint in local police station against her husband. When I come to know that I called them & told to vacate the house ASAP. They asked for some time but & in between when I was calling them I always asked for vacating they were giving me one or the other reason for not vacating the house and after that incident, they stop paying rent also now it is almost 4 months without rent. Yesterday when I called him & asked for rent & vacating the room he straightway denied & threatened me & my father (owner of the property). He belongs to SC/ST (Adivasi) caste, he got his caste certificate also he threatened us for Atrocity charges. I consulted one of my lawyer friend for legal action he advised me not to go with legal action in court instead evict him forcefully & let the house occupied by someone else with lower caste in order to take away his possession. He further said that if I go with legal action it will take years & it the judgment may be against us as we don't have rent agreement & the tenant belongs to lower caste.

I & my whole family is very tense please advice us. My father is retired & he has just that house after retirement as earning source. Please please help us.

 
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Advocate

From which mode rent is paid by tenant? Do you issue receipt of payment? Agreement can be in writing and it may be oral also. in your the tenancy is on mnth to month basis so Stop accepting the rent. sent notice and terminate the tenancy. file suit for possession claiming possession.
 
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Hi,

Thanks for your reply, the rent is paid in cash on monthly basis & I don't issue receipt also.

 
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Advocate

The legal recourse is better for securing the possession. Donot opt for illegal means.
 
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Thank you again. How much time does it usually take in this kind of cases?

 
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Advocate

It depends on facts of the case. Generally it takes 3 years but this period is not final.
 
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Advocate

nothing to add
 
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FIN

You may try to gather irrefutable evidences (audio/visual/witnessed/minuted) to establish that there was sincere attempt in gentleman manner to persuade the tenant to pay rent, and NO atrocity was caused.

Your own very able LOCAL counsel can help you.

 
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FIN

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Rent/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Rent/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

 
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