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Manoharan (Private Secretary)     10 December 2013

Subletting of house by tenant

I have given my flat in Trichy for rent to a person on 11 months agreement.  The agreement was over by July 13 and when I wanted to extend the agreement, the tenant told he is at Bombay on his business and after his arrival at Trichy, he will extend the agt.   During the last month, I have learnt from the Flat Owners Association that my tenant is not residing in my flat for the last four months and he has given on rent to somebody else.   The present lady available in the flat is making problems with Security and Association and making all sorts of problems.

When I tried to contact my original tenant, it was understood that he with his wife has gone to foreign and will return during July 14 only.

Eventhough the present person is paying the rent correctly, since the lady is quarreling with all, I want her to vacate the house.  Kindly advice the procedure for the same.

 

N. Manoharan

 



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     10 December 2013

A complaint u/s 441 and u/s 442 under the Indian Penal Code may be filed before the local police station or before the local magistrates court, for "criminal trespass" on the property.  This would set right most of the things.

 

It would be unwise to make any settlement or any agreement with the "trespasser", at this stage

 

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Arvind Singh Chauhan (advocate)     10 December 2013

Perfectly advised by Mr. Hemant.


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