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santhi (nil)     09 December 2015

Tenant file suit over nri and not paying rent

Our Tenant who did not pay rent properly now says he has filed a suit . Agreement was made on another Lady- relative of tenant. He says since he is working in police department stores he is influential and asking money to vacate the house. We never asked him to vacate , but to pay the rent properly as per agreement to bank account. He didn't. Now he says since the agreement is still valid until 2017 June he will stay there. Agreement was not registered and was given for 3 years from July 2014-June 2017 . He has vacated the house but not giving the key and says he wont give the key until we give him money. He says he spent money on the house. He never asked our permission to do anything in the house and not  said  in agreement excet that he has to return the house in same condition in which we gave.

We are abroad. How can he file a suit on us and how will the case proceed ?. How can we evict him ?.

We made an online complaint , but he told the police that he has filed a suit . What is the procedure ?.

 

Thanks in advance.

 

Mary

 



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 3 Replies

Adv. Yogen Kakade (+ 91 9225510883)     10 December 2015

Hi,

First of all.. why didnot you register the Leave and license agreement before giving possession? Was is just to save money over the stamp duty and registration charges?

A small negligence may cause you big cost... 

Don't get dipressed as he is a policeman.. when you are the owner of the property he cannot do anything against you even being a policeman.

Very first thing and important thing for you to do is, remove his lock immidiatly and install your own lock and take the possession of the property immidiately.. as soon as possible.

If he claims his right over your property.. let him go to the court.. he cannot do anything with the help of that unregistered agreement.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants

020-65248888
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

 

santhi (nil)     10 December 2015

Resected Sir, 

 

Thanks for the response.

/First of all.. why didnot you register the Leave and license agreement before giving possession? Was is just to save money over the stamp duty and registration charges?/

No one told me that I have to register , Sir. 

Now I'm here abroad, and should I go immediately?. Some say that if I open his lock , that will lead to more complication. Is that true?.

Thanks .

 

 

Adv. Yogen Kakade (+ 91 9225510883)     11 December 2015

Hi,

You can send tha lady a legal notice immidiately for the breach of contract.. as she has alloted the rented property to another person on sublease without your permission and that shall be treated as Tresspass. And tell her to vacate the premises within 7 days time.

Or if you think that sending legal notice might create an alarm for them of your future steps.. then just send some person from your family or relative or friend to take out his lock and take the possession..

In which city your flat located?

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants

020-65248888
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

 


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