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Dr Jaiswal (doctor )     07 November 2019

Tenant refusing to pay rent and vacate premises

Hello, We have a property in Chembur, Mumbai which is jointly held by my mother and brother. It was given for rental purposes from 18th October 2018 onwards. Agreement which the tenant(a lady) executed was a notarised agreement for a rental period of five years, she and her husband refused to get it online apparently due to some financial strain and that she would get it registered online in coming days, repeated calls to be present at registration office were not heeded by the tenant. Note tenant executed the agreement only with my mother and not my brother who was against it but was forced by my mother and also made him sign as a witness. A security deposit of Rs. 1,0000/- and Rs. 1, 0000/- was paid to cover for the rental from 18th October 2018 to 31st December 2018. Monthly rental was of Rs.45,000/- excluding utility bills for water and electricity. This property was taken up for business purpose. Since 1st January 2019, Tenant has not paid the rent, nor has paid any of the utility bills from 18th October 2018, nor has she started any business on the premises. She fooled my mother and gave her innumerable excuses and kept on manipulating my mother saying she was in severe financial distress and her license for business is not getting granted due to which she has not started the business and that she would pay the rental later as a lump sum amount. Tenant refuses to deal with anyone else except my mother, later my brother has got involved when they had not paid the rental for sometime. Anyhow, we have come to know that they have police cases register at peddar road and that tenant has not paid the rental for the property she leased for residential purpose. Both husband and wife couple are threatening my mother and brother by subtle ways as they have all the contacts and that shiv sena politicians are going to touch feet of this lady tenant as she is highly regarded. Tenant claims to be politically connected and that she is going to run for a corporator election. My mother and father are dependant on this rental income as my brother is not able to support them as his business has also suffered and now he wants to start a new business on the said premises which we have rented. Tenant has not responded to any legal notices and whenever they are called, they say they will come and meet in few days time which never happens. They are indirectly threatening us of thier political clout and possible underworld connection as they are completely fearless whenever we threaten legal or police action. I want to be a guided here by an experienced and smart lawyer who knows how to handle such type of people and cases.


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 1 Replies

Sb Karma   08 November 2019

Originally posted by : Dr Jaiswal

Hello, We have a property in Chembur, Mumbai which is jointly held by my mother and brother. It was given for rental purposes from 18th October 2018 onwards.

Agreement which the tenant(a lady) executed was a notarised agreement for a rental period of five years, she and her husband refused to get it online apparently due to some financial strain and that she would get it registered online in coming days, repeated calls to be present at registration office were not heeded by the tenant.


Note tenant executed the agreement only with my mother and not my brother who was against it but was forced by my mother and also made him sign as a witness.

A security deposit of Rs. 1,0000/- and Rs. 1, 0000/- was paid to cover for the rental from 18th October 2018 to 31st December 2018. Monthly rental was of Rs.45,000/- excluding utility bills for water and electricity. This property was taken up for business purpose.

Since 1st January 2019, Tenant has not paid the rent, nor has paid any of the utility bills from 18th October 2018, nor has she started any business on the premises.

She fooled my mother and gave her innumerable excuses and kept on manipulating my mother saying she was in severe financial distress and her license for business is not getting granted due to which she has not started the business and that she would pay the rental later as a lump sum amount. Tenant refuses to deal with anyone else except my mother, later my brother has got involved when they had not paid the rental for sometime.

Anyhow, we have come to know that they have police cases register at peddar road and that tenant has not paid the rental for the property she leased for residential purpose. Both husband and wife couple are threatening my mother and brother by subtle ways as they have all the contacts and that shiv sena politicians are going to touch feet of this lady tenant as she is highly regarded. Tenant claims to be politically connected and that she is going to run for a corporator election.

My mother and father are dependant on this rental income as my brother is not able to support them as his business has also suffered and now he wants to start a new business on the said premises which we have rented.

Tenant has not responded to any legal notices and whenever they are called, they say they will come and meet in few days time which never happens. They are indirectly threatening us of thier political clout and possible underworld connection as they are completely fearless whenever we threaten legal or police action.

I want to be a guided here by an experienced and smart lawyer who knows how to handle such type of people and cases.

 

 

Just file a FIR against them......

but before that need more information from you.....

like,

  1. do you have rent agreement with you?
  2. Did you go through police verification before renting them?
  3. Did they pay by cash or account?
  4. Is it under any society or just own premises?

So please provide above then all can help you best

 


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