Hi,

We rented our home in visakhapatnam, AP 6 months ago to a family of 4. He paid 3 months rent as deposit and after that never paid rent. One fine day he informed us his plans to vacate the house. We agreed to it and now after he packed all his stuff, locked the house and cannot be located(his belongings are still in the house). He doesnt take our calls and we do not have a written rent agreement with him. How should we proceed to get our house back?

Thanks,
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  • Originally Posted by tiredoftentant
    Hi,

    We rented our home in visakhapatnam, AP 6 months ago to a family of 4. He paid 3 months rent as deposit and after that never paid rent. One fine day he informed us his plans to vacate the house. We agreed to it and now after he packed all his stuff, locked the house and cannot be located(his belongings are still in the house). He doesnt take our calls and we do not have a written rent agreement with him. How should we proceed to get our house back?

    Thanks,


    Dear friend,

    Take the help of a lawer to issue legal notice to him as also in the local dailies giving him some days to vacate and act further to remove his belongings from the house. Go by the lawers' advise.
    Another alternative is to take the help of some influential politician to get the things done, of course with some good expenditure.

    ks2071746
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  • these things are common through out India as there are no clear cut laws and rules pertaining to tenant-landlord relationship. Do you have a proper rent agreement stating the laws and bye laws both for landlord and tenent? Did you have a security form filled under the IT act of Govt of India? and did you deposite the 3 months house rent tax to your municipality/Authority whosoever is acting as incharge of your city/town. If yes, then sent a letter to the Chairman of the Authority stating about this matter and do a dairy about this matter. You can do both the above by writing in an Inland letter and registered posting it. Keep a photo copy. then consult a lawyer. If nobody turns up, take a permission of your local civic body and break into your house. Dispose of the belongings in an govt auction. Your lawyer may tell you the waiting time before you need to take the last serious step.

    Still it is easier said then done. Best of luck.

    Udayan
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  • Thank you for responding back. Unfortunately we do not have a written agreement whatsoever with the tenant. I dont live in the country and trying to understand and guide my parents from here has been really hard. I was just told this morning that the tenant sent a 10 day injucntion order to my parents citing harrasment. They did contact the lawyer and are planning to respond or (not sure abt the legal term) counter the order. According to the notice he declared that the rent has been agreed on 1500 (in reality he agreed to pay 6000/-) and he gave us twenty thousand in advance and has also been paying the rent every month on time, which off course is absolutely false.
    I dont understand how the court gave an order, I mean how did he prove above stated things (since there was no written agreement) and also the money was paid in cash with no receipt.
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  • As there is no rent agreement, and your clever tenant went to the court of law first, so he has the advantage. Now it is better to take help of local politicians/ influential people, make a mutual understanding and make him leave the house within next 3 months. Ask your father to convince court that in reality you settled for Rs 8000/- as rental and ask for a real verification of rentals in your locality. And that he hasn't paid anything other than 1 months rental in advance. But this should be said if the advance was paid only in cash. If its in cheque, then say truth to the court and say as per you verbal agreement your tenant should pay rent in cheque. Then say the court to verify whether they have done so or not. Tell court also as you have not recieved any rent so you didnot submit the rent tax to the municipality. Ask your tenant to prove that you are recieveing rent every month. Ask court that your relationship has turned sour, so you want tenant to go within next three months as three month is a sufficient time. Take help of Lok Adalat..... see the next hearing date ...... or verify from nearest District Head-quarter. They are quite effective.

    It is really dissapointing that educated people like you do not follow the legal procedure to rent a property to save a few penny (rent tax). This is "penny wise, pound foolish". But when you get into trouble, then you realise the worth. It is also shameful that people who are living as tenant are misusing law to get free accomodation out of a property which doesn't belong to them.

    There are procedures to harass a tenant and get rid of them. At this moment you should nor try those, as your problem has come to notice in court of law. For those procedures try other threads in this forum.
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  • Thanks again for the helpful information. The hearing is on 6th of next month, so will have to wait and see.
    Regarding ur comments abt educated people, I think you are right. I for one believe that you should abide by the rules/laws. I did talk to my parents about it and can guarantee u that we have learnt our lesson, though I have to add that we started renting the house only a year ago.
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  • Dear friend,

    After coming to know of your experience with a bad tenant, now I am afraid of renting my present flat in Chennai once we move to another bigger flat bought recently which is getting ready by May 09. It is better to go for Company lease and pay the income tax for the rental income than giving to individuals and suffer susequently.

    ks2071746:)
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  • Not so Mr ks2071746. College students are always safe tenants (like investments). Although the moral responsibility are to be maintained... but the tenant-landlord problem are not seen. If you opt for a rent proposal, make a proper rent agreement as per the link - ]http://www.vakilno1.com/bareacts/delhirentact/chapter3/s21.htm . The rent agreement to be used in India can be easily available for download if you search the net. Customise in your own way and as soon as you rent it out, hand over a copy to local police station mentioning the details of your tenant with a photo as well as to the local administration (development authority / municipality/ panchayat). Mention the increment rules as per govt rules and clearly state the other charges he need to bear (electricity/ water etc). Develop a healthy relation and I suppose you'll get a good tenant. Submit the rent taxes regularly to the authority.

    Good luck . The rent agreement to be used in India can be easily available for download if you search the net. Customise in your own way and as soon as you rent it out, hand over a copy to local police station mentioning the details of your tenant with a photo as well as to the local administration (development authority / municipality/ panchayat). Mention the increment rules as per govt rules and clearly state the other charges he need to bear (electricity/ water etc). Develop a healthy relation and I suppose you'll get a good tenant. Submit the rent taxes regularly to the authority.

    Good luck
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  • Originally Posted by ks2071746
    Dear friend,

    After coming to know of your experience with a bad tenant, now I am afraid of renting my present flat in Chennai once we move to another bigger flat bought recently which is getting ready by May 09. It is better to go for Company lease and pay the income tax for the rental income than giving to individuals and suffer susequently.

    ks2071746:)

    KS, Dont worry.
    a. In Chennai tenants are better behaved than in most places, mostly because they tend to have self respect.
    b. The case above is about someone who left INdia and rented his house. That is one of the silliest acts. Infact for 6000 rupees which may translate to 120 dollars this gentleman has got himself into trouble. Indians are experts in Penny wise Pound foolish techniques.
    c. In Bangalore it is almost impossible to take out a tenant. I know a family which spent a Vana Vasam of 14 years to reclaim their house in BTM layout. Without prejudice their tenant was an Andraite. So if problems happen in Vizag so much for that.
    In summary
    a. Dont buy flats to rent. That is foolishness as I always said and you KS seemed to disagree.
    b. Land appreciates, building depreciates, so for investment buy land and only land. If you build on it, keep it idle or rent it carefully.
    c. Tenanting is a solution only if you coexist. So in your case as u live in Chennai and ur flat is in Chennai u may not have any problem atleast for the first few years. However later if that tenant talks about rent control act (Even if archaic) you will have a tough time.
    Do you realise why I hold only lands!
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  • To add, finally if you have a tenant and he gives trouble, then the first method is rowdyism not court. Courts will give you succour after you are dead, but if you kick him out then he will be gone. Simple.
    PS. Dont think that is bad. Unfortunately you have to take out a thorn using a thorn!
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  • Mr Nataraj,

    according to ur reply
    "b. The case above is about someone who left INdia and rented his house. That is one of the silliest acts. Infact for 6000 rupees which may translate to 120 dollars this gentleman has got himself into trouble. Indians are experts in Penny wise Pound foolish techniques."

    The house is the one we lived for more than 15 years and it is owned by my parents (not me for ur kind information) who still live in India. It was not a place we built to make money, but rather to live in. It is out of sentiment that we prefer not selling it, we took care of it all the years we lived there. and for personal reasons we moved out and didnt want it to be abandoned, so we basically rented it. Yes, we were not careful for not having a written rental agreement signed, but that does not give you a right to go ahead and judge a person you never known in your life.
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  • Dear tiredoftenant

    You can do another thing, I just thought. As you do not have any rent agreement, so you previous tenant cannot prove that he has hired your flat. So take possession of local people and use/sell their belongings. Donate the money of their belongings to Old Age home or Children Education program.

    God may want you to do so. So they have sent such a tenant.

    Good luck
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  • Originally Posted by Natarajg007
    To add, finally if you have a tenant and he gives trouble, then the first method is rowdyism not court. Courts will give you succour after you are dead, but if you kick him out then he will be gone. Simple.
    PS. Dont think that is bad. Unfortunately you have to take out a thorn using a thorn!


    Dear friend,

    It is quite true.

    ks2071746
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  • Originally Posted by udayan.giri
    Dear tiredoftenant

    You can do another thing, I just thought. As you do not have any rent agreement, so you previous tenant cannot prove that he has hired your flat. So take possession of local people and use/sell their belongings. Donate the money of their belongings to Old Age home or Children Education program.

    God may want you to do so. So they have sent such a tenant.

    Good luck


    yes, it makes sense in writing but obviously he will go to the police. I am sure he has something/witnesses to prove that he's been living there for the last few months. And also we have an injunction order until the 6th. So dont want to get into trouble by violating it. As per recent information, his wife and kids no longer live in our house (moved 80% of his stuff) but he lives there with his cousins i think. I am only guessing his ulterior motive is 'money' and I should be stupid to not accept that fact after all this.
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