house on rent

Hello, 

As per me, this is civil dispute. Police may not take any action in the present case. 

Yes, first tenant can file petition before Civil Court/Rent Trbunal for restoration of his possession, his complaint before police has no sustance as the dispute is purely of civil nature.

thanks for your valuable suggestions

You have not said whether your first tenant with whom you entered into an agreement for a five year rental term vacated the house giving you a prior written intimation followed by final intimation and taking a no dues certificate from you or not.

The agreement document entered into between you two needs to be read into depth to ascertain honestly and judiciously before opining. May be there is some gap between the agreement and the actual action and further the agreement was not well knitted and full proof.

The matter does not fall under the purview of the police instead comes under the purview of the Civil Court. Before taking up the matter in the court of law the agreement needs to be read alphabets by alphabets, words by words and sentences by sentences. Otherwise your precious time will be wasted and so money too. And once the dispute is taken to the court your precious time and money will be wasted.

The subject dispute comes under the ambit of Legal, Contracts and Arbitration.

Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com

Thank you very much for ur valuable suggestions

 

When the first tenent vacated the house on his own, he has no right to file any complaint at the police station. Instead if he is forced to vacate the house before the agreement - period, he might have filed complaint at the police station.

When the first tenant prematurely vacated the house, did he inform you and hand over the key back to you? Was he paying the rent regularly, whether he was in occupation of the house or not? How did you come to know that he had vacated? Normally when a person goes out without vacating, he locks the front door. His materials also may be inside the house. In such an event, you cannot break open the door or open the lock with a duplicate key. It can amount to criminal trespass and the tenant can file complaint for criminal trespass.

Thank you so much Dr. Rahmani, 

You have rightly pointed out the pertinent questions. Hope Mr Sunil Kanavar is reading all the replies being generated against his posting. Once he replies to your questions and mine too the final answers can be frozen. 

I don't think that till such time Sunilji needs to be given any more advices

 

Sriprakash Bhattacharya 

Thanks for ur valuable suggestions sir 

 

Though you have not clearly stated yet it is evident from given facts that

1. he had and agreement with you for five years
2. you never asked him to vacate before five years.
3. he vacated before five years
4. he handed over the possesssion to you.

please correct me if I am wrong

 

Yes. He vacated the house as he has purchased new house .

 

It's mentioned that the first tenent has lodged complaint at the police station. 

If the first tenent has vacated the house on his own, how can he lodge complaint at the police station.

By Suresh S.

"If the first tenent has vacated the house on his own"

That is the version of the landlord. He has not come out with the full and complete facts.,

 

The first tenent has vacated the house in Jan 2021 as he moves in his own new house .

After that I had given the house to second tenent .on Feb 2021.

 

N now the first tenent has complaint to police that as I have made agreement with him and befor completion of agreement period I have  given the house to second tenent .