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Alpesh (N/A)     14 March 2011

Can Landlord remove my belongings when I am away ?

I apologize that the text in my previous posting was too large & uncomfortable to read, so I did this re-post.

I rented an apartment from a builder ( Name  XYZ ) 11 years ago. That time he asked me to pay the rent to the guy ( Name ABC ) who had bought that apartment from XYZ. No rental papers were signed & no agreement of any sort was made & he wanted the rent in cash. I paid ABC the rent in cash all these years but once he did take rent via a check. The apt is in poor condition & he never did any repair work ever since it was built, not even color work despite my numerous requests. I do extremely urgent repair work.

Now ABC wants me out & threatened to move his furniture in my place so I did a little thinking that the municipal tax bill was not in ABC or XYZ’s name so he can’t be a legal owner. Only light bill & phone bill is in ABC’s name & I pay both by check as well as monthly maintenance & I have all the receipts & bills.

After his several threats & not maintain the apartment, I lost my cool once & told him flatly that he cannot evict me because the apt. is not in his name & he was kind of shocked & became polite & has stopped bugging me & he is not even asking the rent for past few months.

So my guess is probably he didn’t pay the builder XYZ the price of apartment 11 years ago, the builder did him a favor & rented it so ABC can pay the builder XYZ out of my rent. But it seems that ABC has not done that either & has given up on collecting rent from me. The builder XYZ has never seen me or asked anything in last 11 years.

The strange thing is that the municipal tax bill is in KLM’s name. So I really don’t know who the actual owner of the apartment is ? I have never met KLM & he has never visited the apt. but heard that he owned the Land on which the apartment was built.

Now once every few weeks ABC sends his assistant to show the apartment to prospective customers & I let him do so because he is not bothering me.

The problem I am facing now is that I want to go out of the country for few months & I am afraid while I am away, any of those guys might remove my belongings & vacate the apartment & either sell it or put their own lock.

What should I do now ?

Thank You.



Learning

 5 Replies

H. S. Thukral (Lawyer)     14 March 2011

If you are apprehensive file a suit for permanent injunction from forcible eviction

Alpesh (N/A)     14 March 2011

Dear Mr. Thukral,

When I don't even know who the real Landlord is &  his name or address, how can I file an injunction ?

Can I have my servant live in the apartment while I am away & that way he can inform me if anyone tries to walk in & remove my belongings or he can contact an attorney ?

If I do so, should I give something in writing to servant that I have given him the rights to stay in the apt temporarily ?

Also should I have servant give me something in writing that he is allowed to stay only temporarily to protect myself ?

H. S. Thukral (Lawyer)     14 March 2011

you file the suit against the person  who collects the rent. He is Landlord in law.  

H. S. Thukral (Lawyer)     14 March 2011

you file the suit against the person  who collects the rent. He is Landlord in law.  

pawan kumar (-)     15 June 2011

TENANT HAS NOT PAID RENT FOR LAST 20MONTHS EARLIER HE WAS PAYING BY CROSSED CHEQUE CAN HE BE EVICTED AND MADE TO PAY ARREARS.


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