Sahil 17 March 2023

Tenant problem

I have rented the house on behalf of the owner who is not in India

I handed over the legal to procedures to a close relative of mine but i got to know later on that he didn't get a rent agreement but the apartment has been rented out the tenant has paid the rent properly for the first six months but later on he was irregular in his payment but three months ago he told us that since we have his advance rent which was of three months for us to deduct from that and he will vacate we were also ok with that as we wanted the tenant to leave but now he is arguing and telling that he agreed to pay for 8000 RS but we took 10000 RS he paid 10000 RS as rent monthly

And now he is telling that he will not vacate the house until we give him 32000RS or else he'll go to the court and put a case on us telling that we extorted money from him and his property worth 70000 RS got damaged because of him staying in our house

What to do i want the tenant to leave the house as soon as possible?

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RAKESH ISHI 17 March 2023

As the landlord's representative, you have a legal obligation to follow the proper procedures for renting out the property, including preparing and signing a rent agreement. It is important to confirm whether your close relative indeed did not prepare a rent agreement and why this was not done.

Regarding the tenant's demand for refund, you should review the rent agreement, if one exists, to confirm the terms of the rental and the amount of rent paid. If the rent agreement specifies the rent amount as 10000 RS per month, then the tenant has no grounds to claim that he paid more than he agreed to.

If the tenant refuses to vacate the property, you can serve him with a notice to vacate, which will give him a specific period to leave the property. If he still refuses to vacate, you can approach the local court to file an eviction suit against him.

If the tenant threatens to sue you for extorting money from him and damaging his property, you should gather evidence to refute his claim. If the tenant has caused any damages to the property, you can claim compensation for the damages caused.

It is recommended that you seek the assistance of a lawyer to help you navigate the legal procedures for evicting the tenant and dealing with any legal issues that may arise