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Shashi   21 July 2015

Tenant not paying, not vacating and asking for money

I have only one small house in New Delhi. 40 Sq Meter property.Ground Floor having 1 Room Kitchen and Toilet Bathroom Combined. I made a non-registered rent agreement for 11 months.
I had let out this property to a person. He never paid rent on Time from the starting. I told him to Vacate but he denied that he cannot atleast before11 months of AGreement. So i let him to stay till the agreement end. He never paid water bill and never pays electricity bill.
Now agreement has been over since October, 2014. I have not renewed the agreement and he is not moving out. He has not paid the rent for 8 Months since December - July. He just keeps asking for time.
One day he called from Different number and asking me Money, then he will vacate the place.
Then i got to know that he did the same thing with previous landlord. He received 2 lakhs to vacate  previous house.
Later i also got to know that he already has a case going on him for theft. He has criminal record.

He used to pay Rent by Cash Rs 4500 Per Month for that i didn't gave any receipts.

My mother is a widow and house is on her name. Even we are living on Rent. How can i vacate him Fast? I have already spoken to lawyer for sending him Legal notice. Is there any other way apart from Court? Please advice. If it is from Court, What is the time taken for Eviction Order? I have lost my peace of mind on this. Seek all of your Experts Advice.



 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 July 2015

Sir,

 

File a police compliant and get the property vacated. It's a case of criminal tresspass.

 

Warm Regards

Kapil Chandna Advocate

9899011450

saravanan s (legal advisor)     21 July 2015

yes as learned friend adv kapil had said since the leave and licence agreement made for eleven months had expired and he is still not vacating the premises now no need to give notice to vacate him.you can do as adv kapil had said

Shashi   21 July 2015

Thank you so much for your replies sir. But i went to Police and said that he is not vacating my house (before the call when asked for ransom). Police said that We cannot do anything. Please file case with Lawyer.

What is a criminal case in this? It is that he asked for Money to vacate house? I received 2 calls from him from unknown number for that.

Is the rent agreement which i made of Rs.200 Notary is a Leave and license agreement? How can i make sure> sorry for my ignorance. 

 

Thanks

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 July 2015

Sir,

 

Then it is advisable to file the suit for eviction.

 

Warm Regards

Kapil Chandna Advocate

9899011450

saravanan s (legal advisor)     21 July 2015

dear shasi dont feel sorry and all.usually these things relate to civil matters and its been strictly instructed to police not to interfere in civil matters.but filing criminal trespass is a criminal offence and its cognizable offence too.so if you approach police station to file fir under this section they cant refuse to file it.

if he is threatening you in some way to part the money he wants to vacate and if you have proofs for that i think  you can file a case of extortion u/s 385 on him.

the leave and licencev agreement need not be registered if it is for eleven months and not more than that

 

 

Shashi   22 July 2015

Thank u so much Sir. I have the numbers from where he called but dont have any recordings.I am planning to Sell the house through a couple of Dealers. I hope no problem should occur. Please suggest


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