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Deepmaala (Software Engineer)     09 March 2011

Please Advice - Vacate a Tenant

Hi,

We own a house in Rajamundry. It is a two storied building with three portions on each floor. We have some repair works to be done to the house as the usage water pipes on the top floor are broken and also the slab is leaking. Also the house is 25 years old and we want to remodel the top floor as the house is spoiled.

We asked all the tenants on the top floor to vacate the house before 6 months. We gave ample time to them to vacate. Two of them vacated but one tenant is not vacating the house. When enquired about her, we came to know that she is a prostitute and her husband does not do anything and stays just at the house. When we called her up after 3 months and asked her when she is going to vacate, she said "I dont know, I am not finding a house". But, in the street she is saying that "Whatever the owner wants to do, let them do, I will not vacate". Actually, no one is interested to give her a house as she is a prostitute. We thought of stopping water and electricity for her but we could not do that as per our conscience.

Please advice as what can be done further to make her vacate our house.

Thanks and Regards,

Deepmaala. 



Learning

 14 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 March 2011

First do not make allagetions without proof .

Issue notice and file case in court. Take care for issue of notice or case will be dismissed on this point alone.

Deepmaala (Software Engineer)     09 March 2011

Hi Shashikumar Sir,

Many thanks for your reply Sir.

We enquired many people and found that she is a prostitute and she is not doing prostitution at this house but outside. We do not have any official proof but only the words of people.

Could you please help us in letting us know as what things that we should take care while issuing a notice?

Thanks and Regards,

Deepmaala.

 

 

mohansreddy (Advocate)     10 March 2011

Issue notice through your counsel but take care you are not going to point out her character see your plea in the notice is for a bonafide reason getting her vacated by giving reasonable reply if she agrees fine or else file a suit. Any more clarifications mail to mohansreddyhr@yahoo.com

mohansreddy (Advocate)     10 March 2011

Issue notice through your counsel but take care you are not going to point out her character see your plea in the notice is for a bonafide reason getting her vacated by giving reasonable  time. If she agrees fine/good or else file a suit. Any more clarifications mail to mohansreddyhr@yahoo.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 March 2011

If she is really a prostitute she will have goon friends , so take care.

Deepmaala (Software Engineer)     10 March 2011

Hi mohansreddy sir,

Thanks for the reply. We already gave 6+ months time. Can we say the same in the plea and now give her 1 month time to vacate? Please advice.

Hi JSKN advocate sir,

Yes, you are right. In our enquiry we found that she has too many contacts. One of her contacts was a co-worker with my dad in a hotel. So, my dad asked other co-worker to come to the house and see the problem with the house and how badly it needs a repair and told him the reason as why we are asking her to vacate. Then they are asking to pay some huge amount to her and get her vacated. Dont know whether it is correct or not, but if one tenant is vacated like that other tenants also expect the same while vacating right!! That is why we are looking for some opinion from experts like you to go ahead.

Thanks and Regards,

Deepmaala.
 

 
 





 
 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 March 2011

Whether like or not I am for the tenants and fight for them so it is not easy to get the premises vacated by legal process. This site is filled with advice for this notice or that notice and that case and this case but nothing works.

Please try to settle amicably otherwise your tenant can always find an advocate like me and rest of your life will be for visiting courts , courts and courts.

Deepmaala (Software Engineer)     10 March 2011

Hi JSKN Advocate Sir,

Thanks for the reply. It is your highness that you are with  the tenants. But, owners like us suffer unnecessarily. When she came with advance, then other tenants told to my mil that she is not good character person, but even then my mil gave the house as she pleaded for the house. Today, when we want the house for repairing it and save the house from spoiling, she is not vacating. Whatever we knew about her, we never uttered a word badly to her. we want the house and we just asked about that only and talked about vacating only. But, she is rude and she is talking in the street "I will not vacate, let them do whatever they want". This is not right na sir. As we softly approached her many times and she answers us rudely, we are looking for alternate ways now sir.

Thanks and Regards,

Deepmaala. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 March 2011

ONCE TRAPPED NO EASY SOLUTION TO COME OUT. WHY YOU RENTED YOUR PREMISES TO HER WHEN YOU WERE KNOWING THINGS.

Deepmaala (Software Engineer)     10 March 2011

Hi JSKN Advocate Sir,

True. Its like a trap only. We do not know anything when that house was rented out. My in-laws know and still they gave that house for rent to her.

My father-in-law died one and half a year ago. The properties are divided amoong the father-in-law and his brother and we got the house where this tenant is residing. My mother-in-law is asking us to get her vacated as house needs to be repaired. Now she is repenting saying that "everyone told me at the time of giving house to her, but i gave her". so, we are searching for ways sir.

Thanks and Regards,

Deepmaala.

 
 
 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 March 2011

Go on trying this is the only way out.

Rajinder KumarAhuja9990725300 (Advocate)     13 March 2011

The practical solution lies in having a our of court settlement with her.Amount payable will have to be decided between you and her.More people you involve the more will be amount payable. Though all this is not legal but a quick solution.You can also use the services of local property dealers/neithbours and friends..

Tarun Thakur (advocate)     13 March 2011

i saw ur problem in detail... 

now tell me few facts..

1. whether u have made a wriiten agreement while letting out the property ?

2. whether ur area falls under the urban area or rural area ?

3. whether u were receiving rent in cash or cheque or rent receipts were issued ?

 

You need not worry.. Law is now in favour of Landlord.. After every night there is a day.. 

All the best..

Deepmaala (Software Engineer)     14 March 2011

Hi Tarun Thakur Sir,

Thanks for your reply and help Sir. The facts are

1. No agreement is made while letting out the property.

2. Our area falls under rural area.

3. we are recieveing rent in cash only, but from about 7 months ago, the tenants are made to sign after they give the rent to us. We are not accepting any rent from her from past 4 and half months. That signed book is only a proof as of now.

Based on the above facts, please help us by advicing us as what steps we can take to make her vacate our house.

Thanks and Regards,

Deepmaala.

Hi rajinmder kumar ahuja sir,

Thanks for your reply.


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