Absconding tenant
kishor
(Querist) 10 November 2011
This query is : Resolved
The tenant of a shop is absconding. What is the remedy available for the owner?
Pls note.
tenant has given deposit which is equal to 5 months rent. Five months since the date of handing over the keys is over.
There are few computers in the shop - were bought by the tenant on credit basis. If the shop is opened in police presence shld these PCs be handed over to the vendor?
A clause in the agreement says the shop can be opened if the tenant does not pay rent for 3 months. Rent is not paid since 4 months.
What is the procedure for panchnama, if applicable, for this case.
Pls. reply.
Nadeem Qureshi
(Expert) 10 November 2011
Dear Kishore
find an advoacte in your area and show him all the documents regarding this, then you get best advice on this matter because it is not a question it is a practical problem.
Shonee Kapoor
(Expert) 10 November 2011
Don't go ahead w/o discussing with your lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 10 November 2011
Yes !
It would be prudent to act after engaging a lawyer as the tenancy and factual positions can not be gathered from your query.
Advocate. Arunagiri
(Expert) 10 November 2011
You can open the premises on your own, even though the agreement permits you.
You have to file a eviction petition.
Shailesh Kr. Shah
(Expert) 11 November 2011
file eviction petition and take order of the court.
Devajyoti Barman
(Expert) 12 November 2011
If the tenant is missing or unheard of for long, you can lodge a Missing Diary with the Police and intimating the Police you can take delivery of the shop room.
But surely give a lost of goods belonging to the tenant to the Police and keep that in your safe custody till the tenant is located or turned out.
