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Vikrant (CM)     11 July 2014

Tenant alleges theft

Dear All,

I had given my 2nd floor Apartment on Rent. The Tenant paid 3 months rent on time.  But 4th Month onwards, he stopped paying rent.  I made continuous follow-up with Tenant but still he did not pay.  Beginning 5th Month, one fine day, the Tenant left and did not returned leaving behind his belongings - Sofa, Table TV etc. in my property. 

After about a month later, I got a call from Police that the Tenant has sent a Complaint against me by Regd. Post  that I have stolen cash of Rs. 3 Lac, a Laptop, 3 A/Cs etc.  from the 2nd Floor that he took on rent.  The Police investigated the case and also called the tenant to the Police station. The Tenant did not appear before the Police. The police closed that case.

 Its been 3 months that Tenant's belongings are lying in property and he does not come and the keys are with him.  However, I made a complaint to the Police 1 month back, that he is Tresspassing my property. The same is being inquired.

 

I also sent him Notices by Regd./Speed post that He should vacate my property because the Agreement has now become invalid since he has not paid rent for 5 months.  But those Letters sent to him have come back undelivered. Seems he is intentionally not receiving the letters.

Help needed from you guys, as to what should be the next course of Action and how do I get my property vacated from  this guy ...?

 

Thanks in Advance,

Vikrant

 

 



Learning

 8 Replies


(Guest)

Keep all the letters, including envelops and the receipts with them. Keep records of every report or any documents related to him. Consult a local lawyer and file for eviction in local court. Let the court come in the picture. Do not take out anything from the rented property until or unless court issues any kind of preliminary orders. 

Vikrant (CM)     11 July 2014

Thanks for the advice Deepak!

 

How much time the Court may take (Approx.) to inquire and give the judgement. Never been involved with court cases whole my life...   Also, is it not possible to evcuate the Tenant after serving him notice on E-mail/SMS ??


(Guest)

Cannot comment for the court timing as it depends from different regions, capacity of courts and activeness of the investigating authority. Sending notice from email or sms won't be in legal methods of service and therefore won't authorise you to evict the tenant. Only a court order can evict the tenant. 


(Guest)

However notices through emails have been allowed in a supreme court ruling in 2010 but that is to be done only by authority . Personal notices are still not acceptable as notice, but can be taken into account by investigating authority for evidence but it still do not give you legal authority to evict the premises.

Sridhar (Advocate)     11 July 2014

Consult a local civil lawyer. Notice through e mail is valid. Send a lawyer's notice u/s 106 of Transfer of Property Act. After notice, file a suit for eviction and for arrears of rent. Get an order of attachment before judgment of the articles left by tenant in the house. Get an inventory of it through court by breaking the lock open. Also seek for auctioning the said articles through court for realisation of rental arrears.

Vikrant (CM)     11 July 2014

Dear Deepak & Sridhar,

 

Thanks for your advice. Seems like only way to Evict him is through Court.    OR Is there any other way -  like Can Police take action against him  as I have filed a case of Trespassing against him...

 

That may take 2-3 yrs. and  that means my property being locked for this long period and damages will be done to my property..

 

Also, he had registered a False complaint of Theft against me which Police has closed as False Complaint. Can action be taken against him for filing a false complaint based on police report.  

Also, can I file a Defamation Case against him ??

 

Thanks guys!


(Guest)

Yes u can file a civil defamation case

Vikrant (CM)     11 July 2014

Are e-mail and sms not admissible in Courts ? Because I have also sent him many SMS to vacate the property. -Vikrant

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