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Krishna   06 August 2018

Uncontested-dismissed for default

I rented an apartment 19 years ago with no lease or written agreement & he wanted rent in cash & I paid.. 4 years ago he tried to evict me by sending two thugs at nights because he is not the real owner & I verified it thru govt records. I filed a suit as a tenant with all bills I paid  by checks & 4 times he took 6 months rent in advance by checks.

He replied saying that I am not a tenant but he gave me the keys to clean & look after apt.

I did not appear for final hearing & Judge disposed the case & reason “ Uncontested-DISMISSED FOR DEFAULT.

I do not want to re-open the case in 30 days because I am 68 senior citizen & no energy for more court appearences.

Can he evict me using default judgement or any other way after 30 days ?

Should I take any action or be prepared just in case ?



Learning

 5 Replies

R.Ramachandran (Advocate)     06 August 2018

You filed a suit.  You did not appear.  Since you did not appear, the suit filed by you was dismissed by the Court for default.  Therefore, you have lost the case.  

Without any such court proceedings, he was trying to evict you.  Now, that the case filed by you against him has been dismissed, he will surely take steps to evict you. 

Now you are asking whether you have to take any action/steps.  What steps you want to take when you have already  DECIDED NOT TO FILE ANY APPEAL AGAINST THE DISMISSAL OF THE CASE?

 

Krishna   06 August 2018

He used illegal & criminal ways to evict me because the property is not in his name.

Now if he wants to evict me legally, doesn't he have to have property in his name ?

Also let us assume that he will try to evict me legally, what basis reasons can he give to court ?

How long will it take to legally evict me ?

He already admitted in a reply to my suit that I am not a tenant.

He also did not do anything for 14 years & I have the continuous possession for 19 years.

 

P. Venu (Advocate)     08 August 2018

Admittedly, he  had put you in possession of the property and you have been occupying the same and paying the rent. That establishes the Landlord-tenant relationship. May be his title to the property may not be perfect or absolute. However, as a tenant, you cannot deny his title, however imperfect or defective it may be; it is for the person who is having a better title. 

All that could be said is that he cannot forcefully evict you. If so, there are legal remedies available. To avail them or not, is not your option.

Krishna   14 August 2018

Originally posted by : P. Venu
Admittedly, he  had put you in possession of the property and you have been occupying the same and paying the rent. That establishes the Landlord-tenant relationship. May be his title to the property may not be perfect or absolute. However, as a tenant, you cannot deny his title, however imperfect or defective it may be; it is for the person who is having a better title. 

All that could be said is that he cannot forcefully evict you. If so, there are legal remedies available. To avail them or not, is not your option.

Many Thanks Venuji.

In the 2nd line of last paragraph of your response I guess you meant :

"To avail them or not is your option"  correct ?

Also can you please tell me if he wants to evict me, he has to file a NEW separate suit correct ?

And that suit will take it's own time just like any new suit correct ?

And in that NEW suit can any of the facts or documents submitted in the previously " Dismissed for DEFAULT " suit be used ?

Thank You

P. Venu (Advocate)     14 August 2018

I am sorry. The concluding sentence may kindly be read as "To avail them or not, is your option"


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