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suresh (service)     02 December 2014

Tenant not traced

my tenant has left the house w/o intimating us & locked out the shop & gone to harasse us.

the agreement will be completed on dec'14 &

security deposit is rs 15000/-

our rent is due from last 2 months

how can i take my shop return & break the lock of house & take possesion of house.

 

IN HOW MUCH TIME I GET EX PARTIE ORDER



Learning

 1 Replies

Gundlapallis (Advocate)     02 December 2014

Your right to legally evict your tenant starts only on expiration of tenancy agreement.  But since he defaulted payment of rent you acquire right to legally evict him immediately.  

 

Give him a notice to open the premises for your inspection and to pay the rental arrears.  If he fails to do so, you can initiate legal action not withstanding persistence of agreement period .

 

As far as exparte orders, the court will decide on your application.  His failure to reply or acting upon your notice will help you get exparte orders from the court.  

 

But in no case, you can break open on your own without the help of the court. That will be illegal and you will be held responsible for consequences.


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