|Originally posted by : CA Srikanth Ponnuru
||why to file a eviction notice since there is no legal agreement. Can I forcefully get them out by indulging acts such as disconnection of power etc.He can't take a legal means as there is no agreement
VERY GOOD INFRUCTUOUS AGRUMENT:
1. Apprehensively, that is what you must have presumed when you decided not to execute Rent /Lease Agreement and to accept Cash rent from Tenant.
2. WELL, even IF Rent Agreement is not executed, it does not make the Tenant as a "illegal occupant", in anyway whatsoever, more so specifically when you will not be able to deny his five years occupancy in your house. You have to follow due procedures of law, to evict the registered /unregistered Tenant and further you cannot take the law into your own hands.
3. IF you discontinue Electricity /Water etc.... or forcefully throw out the Tenant's belonging and put your own lock, the Tenant can easily file an Police FIR for IPC offences like Theft, Cheating, Intimidation, Fraud, Breach of Trust, Threatening, Mischief, Nuisance, Indecent Behavior, Molestation etc.... (depending on various factors). Anyways, you can make a try .... and see if it works.
Keep Smiling .... Hemant Agarwal