Tenant locked the premise and defaulted rent for 4 yrs

Your presumption is correct.cosult a lawyer before venturing brek opening.

What ever the situation, no one is expected to take law in their hands.

The current rent control act, of the State where the property is situated, will apply. You should not take the possession without the order of a Court, it will be criminal offience. You have to file an eviction suit in a Court of Law to get the possession as also to recover the arrears of rent. 

Rent Control Act is a State subject which differ from State to State with some changes. Generally the Act has been enacted to protect the interest of tenants.

Where is the demised premises located ?

What is the rate of rent ?

Whether any written and registered rent agreement is in vogue ?

Did you issue legal notice to vacate and initiate any eviction proceeding ?

You did not post relevant information for consideration and forming an opinion and oblige.

It would be better to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.

Sir

Property is located at Salem

Rental amount is Rs.3000 p.m

Rental agreement is there.

Legal notice given but he just acknowledges receipt and never turns up. 

Eviction proceeding has not been initiated yet since we feel it is a tedious process. 

If we break open the shop is there any possibility that the tenant can take criminal action against us ?. Since the tenant himself is in default of arrears of rent cant we defend the proceeding (if he initiates by any chance) by citing the willful default made by the tenant ?

Thank you..

 

The tenant can definitely take criminal action if the locks are broken and possession taken. Collection of arrears of rent is a civil matter and can not be an excuse for taking illegal possession.

Originally posted by : cyberlawyer
	Sir Property is located at Salem Rental amount is Rs.3000 p.m Rental agreement is there. Legal notice given but he just acknowledges receipt and never turns up.  Eviction proceeding has not been initiated yet since we feel it is a tedious process.  If we break open the shop is there any possibility that the tenant can take criminal action against us ?. Since the tenant himself is in default of arrears of rent cant we defend the proceeding (if he initiates by any chance) by citing the willful default made by the tenant ? Thank you..

Dear Cyberlawyer,

On the one hand you are seeking legal opinion and obligation qua eviction of tenant, presuming that, " Since the tenant himself is in default of arrears of rent cant we defend the proceeding (if he initiates by any chance) by citing the willful default made by the tenant" who may continue as it is now or may not approach the Court, in that circumstances you have the only option to seek legal remedy.

On the other hand you intend to know repercussion presuming that, "If we break open the shop is there any possibility that the tenant can take criminal action against us" which is totally illegal action on your part.

Thank you very much sir.