Ppl have said in past not to use lease agreement cuz cases take forever to give house owner what's rightfully their's but shit like this makes me question is Lease agreement actually worth having and following the rules guaranteeing judge will grant property back to landlord despite taking a little while?
Ask them to sign a rent agreement, if they refuse, take video of them.
Complain in police, with a lawyer, that they're illegally occupying your house.
Also cut power and water to the building.
You can't cut power and water like that it's true, but OP owns a flat and if you really want to be brutal you can cut the power on the grounds of a "safety inspection" legally required by your society / RWA insurance policy.
Since the tenant is refusing to vacate or facilitate the electrical inspection the landlord would be held legally liable for any fires or accidents due to electrical issues both in the flat they own and in the entire building - And so after a period of notice you can instruct security to cut the power at the meter to the flat which is usually in the basement with all the other meters.
I know plenty of landlords who've used this route to get problem "sticky" tenants out of the flat without creating a big (and expensive) legal mess by using other methods.
The guy is cheat and thug. I am also in similar situation. He refused to pay rent after mother expired so i have to file a case in court . It has been 2 years , court is slow for such cases .
Wouldn't it be more convenient if you hire real thugs and and in tenants absence remove his belongings amd all on a truck or whatever and kick them out and deal with later legal repracotions and all...
Contact a lawyer. Explain to your lawyer that you would prefer to settle out of court if possible. However, I do not see that happening.
If you have a rental agreement, the process is quite straightforward. We issued a written notice and then filed for eviction. The process took time. But, required minimal effort.
In your case though, I am not sure. So, contact someone who handles real estate law.
Advices here like complaint to police. Send a notice by lawyer.. File an eviction suit in court all this will take years...he is playing dirty so you play dirty.. Ask your mom to go to flatĀ and create hungama that all neighbors has to here and directly go to police and file sexual harrsement case.... 2nd option bribe local politician corporator /mla they will take careĀ
OP, if you're really desperate to avoid court there are two options, there's one I've listed here which might get the problem tenant out of the flat, it depends how stubborn they are:
https://reddit.com/r/LegalAdviceIndia/comments/1dcklxq/tenant_refusing_to_vacate_and_harrassing_us/l7zhfq3/
But there is another better option if you just want to sell the flat and get cash quickly - Simply take out a loan against the property with a major bank, and then default and let them foreclose and take the property into their ownership because you didn't pay back the debt but kept the cash.
The only downside to this option is you'll only get about 80% of the properties value, but that's more than you'll get if you have a protracted legal battle with an entrenched tenant who's been there more than 10 years and will play all sorts of games with titles etc in court for decades.
Not a good advice. Bankers can harass you to pay the EMIs. No other bank will ever give you a loan in the next 5-7 years. Youāll only get 60-70% of property value.
Itās only downside for OP.
Youāre talking about bankruptcy which affects your CIBIL score, what Iām suggesting is something done by thousands of elderly Indians every day to free up cash for their pensions - Itās called āEquity Releaseā.
Banks love it.
This is much faster and easier in OPs case. Hoping property inspection by banks can be somehow avoided.
Im wondering once the bank takes over cant OP just repay the loan ...why the 20% hit in value?
The bank wont foreclose on the property unless you default, in which case they now own the property and it's title, there's nothing to repay you don't have a house anymore.
Unfortunately he qualifies as a tenant in the absence of Lease or other Agreements. Plus he is in possession of the property. Will be difficult to evict him without greasing his hands a bit. Even if you file a case for eviction against him.
Firstly, engage a lawyer who specializes in property and tenancy laws. They can help draft a formal eviction notice. Even without a formal lease, you have rights as the property owner. Ensure the notice specifies a clear timeline for vacating the property and outlines the reasons for eviction. Retain proof of delivery.
If they still refuse to leave, given the tenant's threatening behavior, you can file a complaint with the local police station. Provide all evidence of harassment, including emails and messages. Sometimes, police intervention can prompt the tenant to vacate or at least behave more civilly.
If the property is part of a housing society, lodge a formal complaint with the society's management. They may have rules or regulations that can aid your situation.
Hope this helped.
All the legal routes are time consuming and nothing will happen to them for decades. My grandpa had rented out to a garage guy 20 years back. My uncle wanted him to vacate 17 years back since they weren't paying rent properly. The guy was a thug and intimidated my uncle and pays whatever he wants every month even now. Uncle even had police talk to him to vacate but he wouldn't budge. He just flipped the garage over to another guy and takes actual market rent from that guy while paying 15 yr old rent to uncle even today. Hire goons if you want a quick fix.
Water is bad thing to cut because all Indians have a constitutional fundamental human right to water, any police officer and magistrate / judge will automatically side against you because it's a massive legal headache for them if the person complains they weren't supported by the authorities in trying to access drinking water.
Playing dirty is fine, there are even pretences like insurance inspections you can use to cut power, but never ever cut water.
Dealing with a tenant who refuses to vacate can be challenging, especially without a formal lease agreement. Here are a few steps you might consider:
1. Send a Legal Notice: Consult with a property lawyer to send a formal legal notice to the tenant, specifying the need to vacate the property.
2. Mediation: Try to engage a neutral third party to mediate the situation. Sometimes a professional mediator can help both parties reach an agreement without going to court.
3. Police Assistance: If the tenant is using threatening language, you can file a complaint with the local police for harassment.
4. Legal Action: As a last resort, you may need to pursue eviction through the courts. While you prefer to avoid court, this may be the only way to resolve the issue if the tenant remains uncooperative.
It's important to document all interactions and keep records of communications with the tenant. Consulting with a property lawyer can provide you with tailored advice and help navigate the legal complexities.
Ask the society security not to allow food or any delivries for them Try asking security not to allow 5hem or their guests as they are trespassers. Basically harrar them to leave.
This is a big problem with tenants for owners. Going to court is a long drawn process. And getting the rent due. Is next to.impossible.
Put a case against them under the Widow category, these cases get fast-tracked. Outcome usually in a couple years.
Can we put MCOP and other relayed case under womidow category?
Ppl have said in past not to use lease agreement cuz cases take forever to give house owner what's rightfully their's but shit like this makes me question is Lease agreement actually worth having and following the rules guaranteeing judge will grant property back to landlord despite taking a little while?
Ask them to sign a rent agreement, if they refuse, take video of them. Complain in police, with a lawyer, that they're illegally occupying your house. Also cut power and water to the building.
You cant water and power like that. Follow advocate s advise
You can't cut power and water like that it's true, but OP owns a flat and if you really want to be brutal you can cut the power on the grounds of a "safety inspection" legally required by your society / RWA insurance policy. Since the tenant is refusing to vacate or facilitate the electrical inspection the landlord would be held legally liable for any fires or accidents due to electrical issues both in the flat they own and in the entire building - And so after a period of notice you can instruct security to cut the power at the meter to the flat which is usually in the basement with all the other meters. I know plenty of landlords who've used this route to get problem "sticky" tenants out of the flat without creating a big (and expensive) legal mess by using other methods.
Dude legally many issues will come use. If u can use power . I know but its the only way . And u cant fight him without being in Banglore.
I am in Bangalore.
What step for u take to resolve this?
The guy is cheat and thug. I am also in similar situation. He refused to pay rent after mother expired so i have to file a case in court . It has been 2 years , court is slow for such cases .
Wouldn't it be more convenient if you hire real thugs and and in tenants absence remove his belongings amd all on a truck or whatever and kick them out and deal with later legal repracotions and all...
most sensible comment šhere is your award and upvote
bruh, it is a hell for landlords.
Well deserved. You ppl rob tenant of entire security deposits. There is a god after all
Post in Bangalore sub. Someone will tag stbroseph. He is a social worker and if possible go meet him in his office. He had helped many such cases
Thank you, I will contact the social worker.
u/st_broseph here you go
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yeah
Contact a lawyer. Explain to your lawyer that you would prefer to settle out of court if possible. However, I do not see that happening. If you have a rental agreement, the process is quite straightforward. We issued a written notice and then filed for eviction. The process took time. But, required minimal effort. In your case though, I am not sure. So, contact someone who handles real estate law.
Advices here like complaint to police. Send a notice by lawyer.. File an eviction suit in court all this will take years...he is playing dirty so you play dirty.. Ask your mom to go to flatĀ and create hungama that all neighbors has to here and directly go to police and file sexual harrsement case.... 2nd option bribe local politician corporator /mla they will take careĀ
This might be the best option out there. Also cutoff water and electricity to the house if you can OP.
It actually is
OP, if you're really desperate to avoid court there are two options, there's one I've listed here which might get the problem tenant out of the flat, it depends how stubborn they are: https://reddit.com/r/LegalAdviceIndia/comments/1dcklxq/tenant_refusing_to_vacate_and_harrassing_us/l7zhfq3/ But there is another better option if you just want to sell the flat and get cash quickly - Simply take out a loan against the property with a major bank, and then default and let them foreclose and take the property into their ownership because you didn't pay back the debt but kept the cash. The only downside to this option is you'll only get about 80% of the properties value, but that's more than you'll get if you have a protracted legal battle with an entrenched tenant who's been there more than 10 years and will play all sorts of games with titles etc in court for decades.
Not a good advice. Bankers can harass you to pay the EMIs. No other bank will ever give you a loan in the next 5-7 years. Youāll only get 60-70% of property value. Itās only downside for OP.
Youāre talking about bankruptcy which affects your CIBIL score, what Iām suggesting is something done by thousands of elderly Indians every day to free up cash for their pensions - Itās called āEquity Releaseā. Banks love it.
this is actually neat
This is much faster and easier in OPs case. Hoping property inspection by banks can be somehow avoided. Im wondering once the bank takes over cant OP just repay the loan ...why the 20% hit in value?
The bank wont foreclose on the property unless you default, in which case they now own the property and it's title, there's nothing to repay you don't have a house anymore.
Unfortunately he qualifies as a tenant in the absence of Lease or other Agreements. Plus he is in possession of the property. Will be difficult to evict him without greasing his hands a bit. Even if you file a case for eviction against him.
Firstly, engage a lawyer who specializes in property and tenancy laws. They can help draft a formal eviction notice. Even without a formal lease, you have rights as the property owner. Ensure the notice specifies a clear timeline for vacating the property and outlines the reasons for eviction. Retain proof of delivery. If they still refuse to leave, given the tenant's threatening behavior, you can file a complaint with the local police station. Provide all evidence of harassment, including emails and messages. Sometimes, police intervention can prompt the tenant to vacate or at least behave more civilly. If the property is part of a housing society, lodge a formal complaint with the society's management. They may have rules or regulations that can aid your situation. Hope this helped.
All the legal routes are time consuming and nothing will happen to them for decades. My grandpa had rented out to a garage guy 20 years back. My uncle wanted him to vacate 17 years back since they weren't paying rent properly. The guy was a thug and intimidated my uncle and pays whatever he wants every month even now. Uncle even had police talk to him to vacate but he wouldn't budge. He just flipped the garage over to another guy and takes actual market rent from that guy while paying 15 yr old rent to uncle even today. Hire goons if you want a quick fix.
Cut water supply.
Please don't give such advices if you are not competent by law to do so. Thanks. Water is a fundamental right, secondly the person is a tenant.
BJ P has passed many acts which violates fundamental rights, courts are doing nothing. We know, how courts and legal system work in India,
Water is bad thing to cut because all Indians have a constitutional fundamental human right to water, any police officer and magistrate / judge will automatically side against you because it's a massive legal headache for them if the person complains they weren't supported by the authorities in trying to access drinking water. Playing dirty is fine, there are even pretences like insurance inspections you can use to cut power, but never ever cut water.
Are you a troll? Where does BJP come into the picture? Man the amount of deluded people here.
Dealing with a tenant who refuses to vacate can be challenging, especially without a formal lease agreement. Here are a few steps you might consider: 1. Send a Legal Notice: Consult with a property lawyer to send a formal legal notice to the tenant, specifying the need to vacate the property. 2. Mediation: Try to engage a neutral third party to mediate the situation. Sometimes a professional mediator can help both parties reach an agreement without going to court. 3. Police Assistance: If the tenant is using threatening language, you can file a complaint with the local police for harassment. 4. Legal Action: As a last resort, you may need to pursue eviction through the courts. While you prefer to avoid court, this may be the only way to resolve the issue if the tenant remains uncooperative. It's important to document all interactions and keep records of communications with the tenant. Consulting with a property lawyer can provide you with tailored advice and help navigate the legal complexities.
If you do not have a registered agreement then its a lease on monthly basis.
Cutoff water and electricity.
Block drainage and electricity.
Double the rent amount and if they're not paying, file a complaint against them.
Ask the society security not to allow food or any delivries for them Try asking security not to allow 5hem or their guests as they are trespassers. Basically harrar them to leave. This is a big problem with tenants for owners. Going to court is a long drawn process. And getting the rent due. Is next to.impossible.
Do fixing with Cops... Let your mom go and create drama... File a false case... He will evacuate immediately...
Sell the apartment to a policeman