Tenant not vacating the premises
Jaydeep
(Querist) 18 August 2013
This query is : Resolved
I am having a premises which was rented out to tenant for running the Gym. We made a agreement of Rs 12000 per month for the same.
The agreement was of "Leave and License' for a period of 11 months (1/1/2012 - 30/11/2012).
The tenant has stop paying us rent since July 2012 due to which there were series of meeting held by us with them.
Each time they would come with a excuse and ask for some time. We gave them time but the situation did not change so in Nov'12 we told him to vacate the premises.
during that meeting they asked us a time of 2 month so that they can settle all there dues by selling the gym machinery so we gave them time.
On Jan'13 the tenant was not able to manage the money so he again came to me asking for some more time. we refuse to grant any more time so they handed over the keys of the property to us asking for 1 month time to arrange the money and pick up there machinery from the premises.
We agreed to it but took all the thing in writing (on a plain paper) signed by the tenant.
After 1 month again the they were not able to arrange for the money and asked for some more time.
this time we took there signature on a Rs 100 stamp paper (in the tenant handwriting)that they are surrendering the machinery in the gym to the owner in lieu of there outstanding rent.
but after that also they came to us saying that they want to pick the machinery and bring some new stories every time.
But in July'13 we said that we are not ready to extent them so pay the rent or based on the previous meeting details we will sell the machinery.
They refused for both saying that then the customer of the gym would come to them for money.
After which I got a call from the police station that there is a letter given against me by the tenant. In which they are saying that we had force fully closed the premises and that they want the extension of 5 more yrs.
we went to the police station with all the minutes of the meeting between the tenant and us. The police person was behaving as there agent. I consulted few other police persons, they guided me to put a written application with all the evidences I did so and gave to the police station and all the senior police persons also (like DSp).
But to my letter came down to the same officer on which he is just sitting.
On 18th august we met the police officer asking him as to what action he has taken on our application.
He said that he will put a FIR on us for not allowing him to take the machinery.
When i asked him about my rent (i.e. of more than 1 yr) he said let it go.
Kindly guide me what action i should take.
as I wanted to clear the premises at the earliest and then fight with the tenant for the rent.
I also came to know that the tenant is a fraud person and also taken unsecured loan from many person saying that he is the owner of the premises so he wants to buy more and more time by not paying the rent.
Please guide.
Thanks
Raj Kumar Makkad
(Expert) 18 August 2013
You are required to issue a legal notice to the tenant demanding the arrears of the rent and eviction of premises as he has violated the terms of the agreement. You should also mention in the notice that the premises is also required for your own requirement.
Rajendra K Goyal
(Expert) 19 August 2013
Send legal notice for arrears of rent and vacating of the premises as advised by the expert raj kumar makkar ji.
