REGARDING COMMERCIAL PROPERTY LET OUT

Querist : Anonymous (Querist) 28 January 2011 This query is : Resolved
I HAVE LET OUT A COMMERCIAL PROPERTY IN TAMIL NADU FOR CORPORATE OFFICE PURPOSE.THE TENANT HAS VACATED THE LET OUT PROPERTY AND HE HAS RECEIVED THE ADVANCE GIVEN BY HIM AND HE HAS HANDED OVER THE KEYS OF THE LET OUT PROPERTY.WHILE VACATING HE HAS GIVEN A LETTER THAT THE FURNITURE IN THE LET OUT PROPERTY BELONGS TO MR X (WHO IS THE PREVIOUS TENANT) AND PLEASE NEGOTIATE WITH MR X FOR THE FURNITURE AND I HAVE ACCEPTED THIS BY A LETTER.I HAVE NEGOTIATED WITH MR X FOR THE FURNITURES AND THE NEGOTIATIONS FAILED DUE TO RATE DIFFERENCE AND HE ALSO REFUSES TO REMOVE THE FURNITURE FROM THE PREMISES.I AM UNABLE TO LET THE PROPERTY FOR RENT AT PRESENT.WHAT SHOULD BE DONE TO AVOID ANY LEGAL PROCEEDINGS IN FUTURE.IF I LET OUT AS SUCH HE MAY FILE A CRIMINAL SUIT ON ME.I NEED AN ADVISE REGARDING THIS

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s.subramanian (Expert) 29 January 2011
You can issue a legal notice to him to take away all the furniture. If he fails to comply with it within the stipulated time,you can take away all of them after making an inventory and keep them in a separate place and intimate him about it. You are entitled to charge demurrage for such storage from him as well about which you can intimate him in writing. Even after all these,he does not choose to take away them,you can auction the same after notice to him and deposit the amount into some bank in your name so that you can return the same when he claims.

Advocate. Arunagiri (Expert) 29 January 2011
But, it is too risky to remove the properties of Mr.X without proper court order.

The tenant has to hand over the vacant position only. Till he removes the property he shall be deemed to be the tenant and has to pay the rent. So, evict him through court.

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