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Kiran (manager)     11 August 2013

Absconding tenant - keeping his house hold things

The tenant of my home is absconding. What is the remedy available for the owner?
Pls note.

tenant has given deposit which is equal to 6 months rent.  

There are computers, tv, fridge, washing machine indeed all household things in the home. Police is not ready to lodge a compliant against them.

His brother is willing to vacate them, is it ok for us to take possesion,

One of lawyer says its fine  - there relative can vacate,

What is the procedure to take position, if applicable, for this case.
Pls. reply. 

We are in trouble kindly help us, no rent , neither we can take position, Police is also not helping us,

They suggested us to go court. 

Which is the best way to close this problem, 

Kindly help us, 


 10 Replies

Sreenivasa Rao. S. (Business)     11 August 2013

Do you have any agreement with your tenant, if so what are the terms and conditions.Since how long he is absconding.If you know their relatives you may obtain acknowledgement and hand over the household items  subject to willingness risk by them.

1 Like

Kiran (manager)     11 August 2013

Dear Sir,

I appreciate your response, Thanks a lot,

Well we have not received rent for 4 months; eventually agreement is also expired,

My current tenant is abscond with his family,

Now his daughter & my tenant's brother, said they will vacate the home, they are ready to sign in agreement.  Is it a right procedure Sir,

Can we take position after they vacate,

My lawyer said "Yes they can Vacate" Signing in 100rs Bond for vacating

My QUESTION is can we allow my tenant's daughter to vacate home, she is not married, Prior to 8 months. My TENATS DAUGHTER was staying here only, Due to transfer she left home,

Is she is eligible to vacate the home on behalf of his father

I appreciate your response



Suri.Sravan Kumar (senior)     11 August 2013

if the police is not willing to accept the complaint file private complaint in the court. Trace out the address from your tenant's daughter. If she is unable to give file suit for possession in the court. Legally speaking you can take possession of your house only through court of law. If you take possession with the help of his daughter you may face problem in future.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     11 August 2013

File a case in court for eviction and only after court order take possession.


If you do otherwise than  there will be no of problems which will be more serious .


Absconding tenant can surface from no where and can just file a complaint of THEFT and other criminal action which are non bailable and all the items will have to be restored by you.



Shantilal Pandya ( Advocate)     11 August 2013

Eviction can be through suit for possession on available grounds as per the terms of the tenanacy or on any other grounds  provided under the Rent Act of your state, if the address of the tenant is not known you can get the summons served thrugh public notice. one should go for legal remedies.

Sudhir Kumar, Advocate (Advocate)     22 August 2013

I do not agree with the idea of filing private complaint.  So far no facts leading to criminal case is made out and it is not job of police to vacate the house.


Police will not take action on you r complaint but if you allow vacation by 3rd party and then tenat files criminal case in that case they will promptly take action and his brother and daughter will nowhwere come to your rescue.

I fully agree with Mr Laxminarayan and Mr Shantial Pandya.




1 Like

Kiran (manager)     23 August 2013

Dear Sir,

Agreement is expired Sir, Its almost been 5months,

Now tenat's daughter & brother said will take the responsibility to vacate home.

What to do Sir,



Kiran (manager)     23 August 2013

Dear All,

I really appreciate your response, If anyone from Karnataka means Kindly respond,

All the response provide by Mr. Sudhir, Mr. Shantilal, Mr. Lakshmi Nararyan, Mr Shravan & Mr.Srinivas,

We are really in the soup, don't know what to know, Agreement is also expired,

It's already been 5months, as per all suggestions I will be going to court,

If anyone from Bangalore or Mysore Please contact me - 8711909509

Thanks in Advance



Sudhir Kumar, Advocate (Advocate)     24 August 2013

you said "Now tenat's daughter & brother said will take the responsibility"


How you are sure that they will be anywhere near you when criminal case is filed.  Even if they come to your rescrue then would you mind being behind the bar for few weeks and face trail for few years and then beg for their evidenc eand if the depose then you get acquitted?

Kiran (manager)     24 August 2013

Dear Sudhr Sir,

No Sir, As per your suggestion , will not tell my tenant's daughter to vacate, Will go as per law,

As per curiosity I want to know whether how long does it takes to get order from court

Thanks a lot Sir,


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