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Ashish M (Chartered Accountant)     20 September 2010

blackmailing my tenant!!. -how to go ahead now?

Pls guide me on this...

We let a property on rent to a couple 5 months back. Somehow, it didn't go well b/w them and they got seperated. now the wife has filed case against his husband. In the meantime, securing safety of our property, we asked both of them to vacate the premises. the husband has already left the flat & living sepeeratly. But the wife, through women commission, asked from us 2 months time for vacating the flat which we gave . She had also given a letter signed by her and her brother that she will vacate the premises within two months.

 

They didn't even pay any society maintenance charges nor were they paying any rent from last month.

 

one month before the said date, we sent 1 month formal notice, as required by the agreement, for vacating the premises. But she called back hurling tanturums on us saying she will file case that we are harassing her. She is not ready to comply by her notice to leave teh premisis within said period. Not paying rent, no municipal charges, as required by teh agreement. & not intending to vacate the house and on the contrary asking that what r our sources for purchasing the property and all kinds of useless things and blackmailing us.......


Pls tell, in the light of above circumstances, what is the remedy left to us.....



Learning

 8 Replies

Vinoba (Advocate)     20 September 2010

Hi

You can initiate proceedings against your tenant for eviction on the ground of wilful default in payment of rent under the relevant provisions of the rent control applicable in your state.

L. Vinoba

Advocate,

Pondicherry.

adv. rajeev ( rajoo ) (practicing advocate)     21 September 2010

Issue notice u/s 106  of transfer of property act to vacate the house by giving her reasonable time  to vacate, if she failed then file suit for possession.  You can also file a follow the advise given by Vinoba, before going that refer your Rent act.

Kiran Kumar (Lawyer)     21 September 2010

file eviction petition against your tenant, a tenant can not challenge credentials of landlord.

 

dont be afraid of her, but make sure you take immediate action before she gives any absurd application to police or women commission.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 September 2010

You are CA Mr ashis so know taxation and accounts.

Try to amicably solve the matter, once the matter goes to court it will take years.

And for eviction on ground of non payment of rent your accounts must be ok , if you have not issued earlier rent reciepts that it is criminal offense.

Ashish M (Chartered Accountant)     26 September 2010

Originally posted by :shashikumar
"
You are CA Mr ashis so know taxation and accounts.

Try to amicably solve the matter, once the matter goes to court it will take years.

And for eviction on ground of non payment of rent your accounts must be ok , if you have not issued earlier rent reciepts that it is criminal offense.
"

 

AT THE TIME OF AGREEMENT, WE HVE RECIEVED POST DATED CHEQUES... SO WE CAN SHOW HOW MUCH RENT PAYMENTS WE HVE RECIEVED. ALSO WE HAVE PUT TEH LAST TWO CHEQUES IN THEIR BANK ACCOUNTS WHICH ALSO GET DISHONOURED DUE TO INSUFFICIENT BALANCE..... DOES ANY PROCEEDINGS LIE ON BASIS OF DISHONOR OF CHEQUES....?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 September 2010

For dishoured cheques you have to show legal liability and complete procedure in time frame of NI act.

If no rent reciepts issued than post dated cheques will not help.

Rajaraman B (TL)     27 September 2010

HI Ashish, If it goes to court , it takes minimum 2 years, if everything goes well on your side and if you are right. If you are ready for this you go to court. Law does not much favour to the pettitioner and gives enough time for the opponent to think.

Dont hesitate to file a pettiotion against her for eviction. You can state you want to self-occupy the hosue. If you take leisure now. In parallel, you can file case against black  mailing.

Ashish M (Chartered Accountant)     03 October 2010

thanks for ur comments....!!!!


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