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Souma Dip Bhaduri   21 April 2016

11 months lease expired & flat is locked by tenant

Dear Sir,

Such happened, the Landlord of a 2BHK Flat made agreement with tenant for 11months, around 5 months back, the tenant left the flat and door is locked by them. Electric bills are unpaid and the landlord had to pay off the same. This 30th of April, the 11 months lease agreement shall expire. Now the question arises...

What to do in such a scenario, when tenant is unavailable, flat is locked, may be their belonging are still within the flat. Rumors is that, the tenant took money from many a neighbours and left the area.

Please Help, the land lord is my brother and the property is in WB.



Learning

 2 Replies


(Guest)
Ok. Do u have any I'd of that person.... Police verification????

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 April 2016

First of all you have to lodge a police complaint for missing of that person. Then after the lease period expires move an application in the civil court to appoint one commissioner to inspect and file the report of the tenant property then file an recovery suit against that tenant and in its execution proceedings get an order to break the lock and auction the property of the tenant to realise the dues of his rent and other charges as per the directions of the court. Though it is a long procedure but you have to follow it as per the legal norms related to it.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India


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