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Nisha (nil)     16 August 2011

Pls help.tenant not vacating.

 

Hi

I had decided to rent my 3BHK  in Bangalore and move into a rented 1BHK apartment as  the former apartment was too large for me and my husband. Through a broker I found a tenant who was a Judge during the end of November 2010 and he wanted to move in immediately in December. On December 2010  the tenant payed us 10,000Rs in token advance and the deposit  he said he would pay later after getting the rent advance from the previous owner later that week. The week went by and we called him up enquiring about the deposit and he said that he had loaned the deposit to a friend of his and would pay us when he returns it another week later. The Judge also wouldnt pay the rent  of  January and February .( He never calls us in advance if he is not able to pay the deposit or rent, never keeps his word )This went on for 2 another months. I had to involve my broker who had set us up to either get teh deposit or vacate the premises.By the end of February 2011 he had payed the deposit and paid the arrear rent and March rent in advance. 


What happened next was our tenant never payed April and May rents. He never called us up or intimated us regarding the late payment. After a lot of phone calls during he agreed to pay both the months. Unfortunately he paid April rent but didnt pay May. Another bout of calls went in the month of June to pay May and June rent and vacate by June 30th due to arrears in payment and he wasn't a suitable tenant. The same story goes as usual he never payed May and June  rent and never vacated. By this time again I had to involve my broker and we came to an agreement that he would pay the arrears, pay July rent and vacate by July 25th and had told my intention to move into the apartment.   My tenant paid the arrears of May , June and July  on 4th of July and on 13th July he called us up informing he had paid the advance of August and September rent and would not be vacating on July 25th. Infuriarted I went to my apartment the next day and made a ruckus in front of his family and asked them to vacate on July 30th and forcefully made him sign a letter stating he would vacate no matter what on July 30th . On July 30th we called him up to get the keys and he said he would move out on August 2nd.  On Aug 2  when we called him up and a lot of  shouting over the phone , he came over to my apartment and said he would move out only by August 10th and he would  sign a letter stating he will vacate on August 10th  but I stupidly refused to take the written letter.  As usual he postpondt from August 10th to 12th to 15th and then today ie, August 16th. Today when I called him up he said he would move out only by Aug 24th.


I am at my wits end. The whole thing has been a horror. I cant get him to vacate and all he says is false dates of vacating and he is taking me for a  ride. I am tired of calling him up. The broker doesnt want to involve in the mess. The tenant never calls us up in advance letting us know his intention and when I call him on the stipulated date all I get his advance dated of vacating. I am wondering If I have a chance of lodging a police complaint or an FIR. I have this signed letter too. I would be thankful idf someone could help me with some sugestions

Thanks

Nisha



Learning

 4 Replies

ajay sethi (lawyer)     16 August 2011

have you entered into a leave and licence agreement? 

has the agreement been duly stamped and registered? 

what are the clauses in agreement regarding payment of licence fees? 

Nisha (nil)     16 August 2011

No I have not entered into a Leave and License agreemnet. It is the usual rental agreement duly stamped and registred . Wrt to the clauses - rental payment on stipulated date, vacating the premise if unable to pay rent , damages.. etc

RC (d)     10 November 2011

I am also facing a similar problem with my tenant .pls inform were you able to get the possession from him or did you file a suit for eviction.

pls respond.

Nisha (nil)     10 November 2011

I was able to get my property last month. What we did was we went to our apartment frequently and pestered him in front of his family to vacate. Finally we forced  him to sign a letter with a witness that he would vacate on a particular date and threatened him to file a legal notice if he delayed any further.  Pls do go through the legal route cos if the tenant is a senior citizen he could file a complaint against the local police station of harassment and could frame you for causing any health or mental distress caused by you. Even if it involves paying money to the tenant, try to resolve the matter as it might help you to get rid of him. I had a lose of 10,000 Rs to get the terrible tenant out. I was willing to do anything to get rid of him, as he had goons and police contacts and harassed us.  I had met with a few people with similar situations and they advised me to go through the legal manner as this particular person was a senior citizen Judge who abused his power.

Be persisitent and  trouble him in front of his family and force him to sign a letter, I know it sounds cruel. I know its murky and sleepless situation but at the end you will turn to be a wiser and strong and know what kind of people to keep as future tenants. 

Hope this helps.

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