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Piyush Tiwari   26 October 2021

Harassment from ex tenant

Posting on behalf of a friend

Dear Sir/Madam,

I am a 65 year old woman. My late mother-in-law owned a shop which we gave out on rent to one guy over verbal agreement. He used to pay Rs.4000 rent per month. Since covid started he was late in giving rent and we were managing with it, but for the last 5 months he stopped giving rent. We deducted 3 months rent from his advance. Recently when I called him to give rent he said I have vacated your shop and handed over the keys to a neighbor. Later when we asked him what about remaining 2 month's rent he started abusing and shouting at me and my daughter, hurling all kind of abuses and saying he will take legal action against us.

Please advise what legal options do we have? He has vacated the shop already but when we try to get a new tenant he shouts at us, insults us. It is a torture that we are facing since a month now. Please help

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2021

send a legal notice to tenant

Kevin Moses Paul   26 October 2021

See basically, an oral agreements are legally enforceable in the court of law, or in a dispute. However, it is highly recommended that one should reduce the agreements or contracts to a composition of text. This is because though oral agreements are permissible and legally binding in India, but they are also extremely tricky to prove.

In your case, currently it's advisable that you get his/her current residing address such that a legal notice could be sent against him asking for the reason of abandonment of the shop. But, in case there is no response of the other party (tenant) about the notice then you shall file a suit of eviction against the tenant on the basis of non-payment of rent as well as for leaving the property without any prior notice.
Get in touch with a local prudent lawyer in order to deal with the matter effectively.

Hope It Helps!

Kevin M. Paul

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