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rajkot (none)     05 June 2013

Tenant no lease agreement

here is a scenario, and need advice

tenant has no lease agreement with me and has not paid rent for one year. i have never given any rent receipts nor have i signed any tenancy agreement with him.

for the past 1 year i'm asking him to vacate the house so that i can occupy for my own use. he has vacated but has not given me the keys back. he has purposely kept a couple of personal items like cooking items and says that he will vacate in the next month. he has been saying this for almost 10 months now. 

to summarize...

1) he is not paying rent for 1 year

2) he is not living there, house is vacant except for a bag full of vessels

3) he has locked the house and has the keys

4) everytime he says he will vacate in a few days for the past 10 months

so my question is

why can't I break the lock and put my things inside and claim that he has given me the keys back. after that isn't his job to prove that he is a tenant. If you say that he does not need to prove that he is a tenant then can i not claim that I am a tenant of  anyone's property and just go inside the house ?

what are the ways that i as a landlord can fight this criminal off.  pls give logical, legal (even if its immoral) advice. 

 



Learning

 2 Replies

dr g balakrishnan (advocate/counsel supreme court)     05 June 2013

lode fir wirh police with your case detailed, then with the help of police you can break open locks if police agrees or you have to lodge  private complaint with local magistrate and get the order to break open with the help of police and file harassment case against earlier tenent that he had not paid rents and was occupying without any lease agreement taking advantage of your own correct reasons then it may become criminal complaint against him, then he will face music, engage a smart lawyer locally. 

ashok kumar (Social Worker)     05 June 2013

If u do what Dr G balakrishnan has adviced U R doomed for the next 30 years!

When u do what Balakrishnana has advised , you will make a record that he is your tenant !


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