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M KaramChand (System Analyst)     27 May 2015

Tenant chennai not paying rent, fraud and cheque bounced

Dear Sir

My Fathers is having 2 BHK flat in Saligramam. He unknowling Rented out to the Frauds on March 09th 2015. (Actor, Financier for 1000 Crorer, Real Estate Agent, Job Consultant etc. Looks like he stays in the appartment with the 3rd wife - not legally married). He claimed as Gandhian follower, retired from Govertnment Staff, spouse is running Beauty Parlours and daughters are singers. My father assumed he is good a person and Rented out. 

1. No Agreement Signed so far
2. March 09th 2015 Cash Rs.20000 + 15000 given later as a advance
3. Rented fixed as Rs17500/=
4. Later we understand about his character and asked him to vacate the house. He used the abusive words. Then we started research on him. Then we went to Poice Station on 30th March 2015 and raised the complaint. He agreed to vacate the premises within 6 months and will pay the monthly Rental Rs17500 to us. He submitted same in the police station. Where we asked him to vacate the house within 1 month and submitted the same.
5. So far he is not paid the Rent for March, April and May 2015 as well.
6. We put the Advance Cheque Rs80000 on Bank (her spouse issued), it got bounced. Police is not willing to accpet the complaint. They adviced us to intiate the legal proceedings. We sent a Notice to her and it got return back since she  is not available in the house. Now filed the Case under section 138 Negotiation Insturment Act in Saidapet Court, its on the Way. 
7. Later we understand more about his characters then we made a complaint in City Police Commissioner as well on 26/04/2015. The complaint is not taken seriously by Local Police. Instead of they are calling my father and threatening. 
8. For Vacating the House he is asking 2 Lakh Rupees.
9. My parents are Senior Citizen

10. Earlier house he didnt paid the Rent. Owner filled the RCOP case in the City Court after two years the case got ex-party. So he vacated the house and came to my fathers flat.

 

Please advice what we can do now.



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 4 Replies

saravanan s (legal advisor)     27 May 2015

send him a legal notice that you are terminating his tenancy due to non payment of rent.if he doesnt vacate file an eviction suit on him.

 

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     28 May 2015

After sensing notice institute court proceedings in small cause court for eviction

(Guest)

for any level of advise you get from experts  here, you have no other go other than going through a eviction suit.that obvisouly will take for years. police is right..they cannot enter in tenancy matter per the recent high court order in tamilnadu. you seem to have been well educated from the way you have written by the issue here.and it is only saddening to see even educated gets cheated by the greed of getting a tenant fast...owner try to project themselves as too good when getting a tenant saying like no agreement, less advance, etc etc...only to give the tenants a chance to cheat.be clearn in what you want while renting.and anyone who passess it will remain  a good tenant.
be clear in your terms and condition and get everything in writing going forward..good luck

 

T. Kalaiselvan, Advocate (Advocate)     03 June 2015

You can file an eviction suit based for default in rental payment which can be based on the assurance given by him in the police station. You have to engage a good and prudent lawyer who cannot be bought by opposite party and fights for your case till the end. 


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