Tenant menance

Vasudevan (Querist) 29 May 2018 This query is : Resolved
Respectable Experts,
I have a small shop. I had given the same to a lady for monthly rent. She had enjoyed the same and given rent regularly for 2 years and left the shop to another person without my consent. On enquiry, she has informed me verbally that the person is her staff and she will come again to the shop as she is not well. For the past one year, the person was giving the rent regularly. Now, he is not paying the rent for the past 2 months. The original tenant is not traceable. I am not having any agreement with the present occupier. What is the legal action may be taken against the unauthorised occupant? Any police complaint against the person for unauthorised occupancy may yield any result? Please guide me.

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Dr J C Vashista (Expert) 31 May 2018
Police has no role to play.
Prima facie your tenant (lady) has sub-let the property without your knowledge, consent and permission.
Issue a legal notice for eviction of original tenant after determining her tenancy and declaring her as tress passer.
Consult and engage a local prudent lawyer for proper guidance and proceeding.

Guest (Expert) 31 May 2018
The Concerned person who presently occupies or enjoys your property is obviously a stranger to you. Discuss with a local criminal side Advocate and a suitable and a perfect Police Complaint would fetch you the Result.

Vasudevan (Querist) 31 May 2018
Once again I submit my sincere thanks to the learned experts for their valuable suggestions on the issue.

Hemant Agarwal (Expert) 01 June 2018
1. Since you have been taking Rent amount from this illegal /sub-tenant, you will NOT be able to file any Criminal complaint.

2. However, you will be able to file a suit of eviction against this illegal /sub-tenant, which should be done immediately.

Keep Smiling .... Hemant Agarwal

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Guest (Expert) 01 June 2018
The query does not seem to pertain any real problem.

However, if a real problem, if you have not been issuing rent receipt in the name of the stranger occupant, that person cannot be treated as your tenant in any way, may he/she be paying rent, but that would be on behalf of your tenant. Any eviction suit may only cost you dearly, but actual eviction may either take years together till the case lingers on or may get hampered by the appearance of the real tenant in support of the occupant just o say that he or she was representing the tenant in her business..

However, you can give legal notice only to the real tenant, as per agreement. Tracing is your own business, either by yourself or through her representative proxy.

Better discuss the issue in detail with some local lawyer by getting examined in detail the agreement with the real tenant.