HI everyone,
I wanted to share this with everyone and need help , I ( landlord) had made a leave and license agreement with a partnership (tenant) firm , the agreement was for 60 months , duly stamped and registered ,the rent as agreed was rs 10000 /- per month and was received every month without any due , after the expiry of the period of lease , there was verbal communication with the tenant to vacant the premises ,the tenant demanded time to vacant the premises , in good faith the rent was received for 3 months but after that the landlord had stopped accepting the rent , and still in good faith more time was allocated to the tenant to vacant the premises , but then ,for this period the rent was not accepted by the landlord .

Legal notice was send to the tenant to vacant the premises as soon as possible , in the mean time , the tenant deposited the rent which was not accepted by the landlord and also rs 1 lakh by cheque without the permission, without any knowledge of the landlord .

And the notice was replied by tenant saying that the rent was accepted and rs 1 lakh was accepted by Landlord as a token for sale of the property.

I want to know what legal actions can be taken in this case by me (landlord) , and also want to know can there be a criminal case against the tenant for operating the bank account without the consent of the landlord ?
Read more
Reply
5 Replies
Sort by :Filter by :
  • Going to court will take years (if not decades) to resolve any landlord/tenant issue. The best option is always to reach an "out of court settlement" in such issues.
    CommentQuote
  • I am not a legal expert, however how about closing your account where the guy is depositing the money, send another notice to vacate the premises.

    And if the guy does not vacate , put a criminal police complaint for illegal/forced/unlawful occupation of premises. I dont think anybody should have a right to stay on in a place you own without your consent.

    Are our laws that bad?
    CommentQuote
  • Originally Posted by rkv_hunter


    Are our laws that bad?


    The laws are not really that bad. Its the enforcement of the law that takes ages. Even if a lower court rules in the owners favour in say 5 years - the tenant can appeal in the higher court - which may take even more time.

    There are lacs of cases pending in the courts and tenant/owner battles are given very low priority. A high profile murder case like the Neeraj Grover case took 3 years in the lower court - what chance do we commoners have?

    My grandmother is fighting an owner/tenant battle in Calcutta - the case has been lingering there for 3 years now - and to add to the frustrations, the Judges get relocated/transferred every 4-5 years, so the hearing starts afresh.

    The law takes a long time to catch up with cheats in this country
    CommentQuote
  • Cheating by TENANT !!!!!!

    HI everyone,
    I wanted to share this with everyone and need help , I ( landlord) had made a leave and license agreement with a partnership (tenant) firm , the agreement was for 60 months , duly stamped and registered ,the rent as agreed was rs 10000 /- per month and was received every month without any due , after the expiry of the period of lease , there was verbal communication with the tenant to vacant the premises ,the tenant demanded time to vacant the premises , in good faith the rent was received for 3 months but after that the landlord had stopped accepting the rent , and still in good faith more time was allocated to the tenant to vacant the premises , but then ,for this period the rent was not accepted by the landlord .

    Legal notice was send to the tenant to vacant the premises as soon as possible , in the mean time , the tenant deposited the rent which was not accepted by the landlord and also rs 1 lakh by cheque without the permission, without any knowledge of the landlord .

    And the notice was replied by tenant saying that the rent was accepted and rs 1 lakh was accepted by Landlord as a token for sale of the property.

    I want to know what legal actions can be taken in this case by me (landlord) , and also want to know can there be a criminal case against the tenant for operating the bank account without the consent of the landlord?
    CommentQuote
  • If u hv been accepting rent then its not easy to evict a tenant who is paying rent. It seems u want to sell off the flat and things are not very clear from your post. ANyway, report to the local PCR, once u take cops to yur house the people staying there will get concerned and then spk to their employers accordingly. Also serve a legal notice again and give a copy of it to the people staying in flat as well.

    good luck
    CommentQuote