Chandra Sekhar 28 April 2024
We have given rent to a commercial space. There was no rental agreement done as he was postponing to do so. He gave an advance of 20k and from then on its been almost 6 months and did not hear anything from him. His cellphone is switched off and he has locked the shop. What would be the next steps since there was no rental agreement also. Can we take help of local police to file FIR and in their presence break the lock
Shashi Dhara 28 April 2024
Approach civil and obtain eviction order then after proceed police don't interfere as it is civil.
T. Kalaiselvan, Advocate (Advocate) 28 April 2024
You first issue a legal notice to him to vacate the shop for default in rental payment and deliver vacant possession.
Subsequently you can file a suit to evict him legally for the same reason.
Dr. J C Vashista (Advocate ) 29 April 2024
Breaking the lock and opening the demised premises will be a criminal offence, do not adventure (legally).
I agree with the opinion and advise of learned expert Mr. T Kalaiselvan.
Issue notice to the tenant to handover vacant possession and payment of outstanding amount of rent (as agreed) within 15 days of receipt of the notice failing which file a suit for eviction / possession through a local prudent lawyer.
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