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samson francis   26 September 2015

Tenant belongings

I have rented home to a widow with two children. The agreement was in normal paper since it was meant for short duration. The tenant have defaulted several payments(including advance). Took a written note from tenant that they would vacate home. Now, they have moved but left lot of belongings here. How do i proceed. No positive response when calling tenant to take away valuables. Is this a trap?


Learning

 3 Replies

sagar bhatt   26 September 2015

yes...u can file a suit and also a complain...

saravanan s (legal advisor)     26 September 2015

if you know their address send them a notice to vacate the place immediately as agreed by them.if they still dont respond then you can complaint against them for  tresspassing the premises

Joaquim F. Fernandes (Associate)     27 September 2015

Hi Samson,

First of all you have not given full, complete and proper information of the premises and of the Agreement.  Though, you have stated that your Agreement it is for a short time, you have not informed whether the lease period in the Agreement has expired or not.  If the lease period has expired you have to give Notice to the tenant to vacate the premises.  If the lease period has not expired, you need to give Notice (usually one month Notice) as per the term of Notice stipulated in the Agreement and terminate the lease, further asking the lessee to hand over vacant and peaceful possession of the premises.   If you are unable to trace the lessee, you need to give an advertisement in the local newspapers calling upon the lessee to remove the belongings within ___ days failing whcih you will be constrained to remove the belongings and that you cannot be held responsible and/or liable for any loss and/or damage to the belongings.  Simultaneously, you have to file and FIR with the Police annexing the newspaper cutting.  If the lessee does not respond, you need to approach the police to make a panchnama of the belongings and remove the belongings to a store room and take possession of your room.  


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