Siva Prasad Petla (na) 01 April 2012

House on lease-tenant absconding

My brother has let out his house to a person. The tenant has absconded since he was in debt and is untraceable. He has not vacated the house but has paid rent up to April 2012. Tenants parents are in contact and they had sent some persons to vacate the house, but while vacating , the debtors surrounded and the persons ran away leaving the material/furnitures etc in the house. The debtors has locked the grill and the inner door keys are with my brother.

Under these circumstances, how can my brother get back the possession of the house without filing any case.Can he dispose the household items or allow the debtors to take away.

What are the precautions to be taken and procedures to be followed

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6 Replies

Siva Prasad Petla (na) 01 April 2012

xyz

sri (ceo) 02 April 2012

report police...

after their advice go ahead in court...

beware tenants are more or a nuisance value... than financial

Siva Prasad Petla (na) 02 April 2012

tks. Going to the police and making out a legal case will take years to come out of it besides a drain on your financial resources. Any other mehod without police or court would be a welcome suggestion

sri (ceo) 03 April 2012

tresspass, robbery and criminal conspiracy involved... police must...

Sammelan Kavi (Software) 04 April 2012

Place your own additional sealed locks on the door and Paste a notice on the premises for 14 days for tenant to show up and resolve all conflicts amicably. following that, go ahead and break all the extra lock and gain access to the premises. If possible, have someone stay there 24x7 until the issue is resolved.

Depending on how you feel for the tenant, ship his remaining belongings to his parents or to some safekeeping place.

Kasiviswanathan.K. (Advocate) 05 April 2012

Never break a house without help of a Legal authority, either police or R.D.O., Tahsildar, as you own house is in the legal possession of a tenant and the house is occupied with his house-hold things. 1. Do Lodge a complaint before the police or revenue authorities. 2. Do inform the same to the tenant's relatives yourself or through the legal authorities. 3. Hand over the furnitures and other things to their close relatives and obtain a receipt (a stamp paper of Rs.20/-(is enough) or 100/- for you satisfaction) from them, in presence of such legal authority. 4. Then, take possession of your own home from the Vanished Tenant. And 5. Get a declaration by filing a suit, before the competent civil court, praying cancellation of the Tenancy Agreement, if any. No other way gives you the permanent relief.