Tenants not leaving! what to do?

S

salluks

Adept
My tenants are not leaving, what do i do?

the place is quite big for a large family, and they don't wanna leave now.

he says call a lawyer do whatever u want but will not leave. they have stopped paying the electricity bill, give rent ones in 2 months.

whats the legal proceedings, i really dunno what to do to get rid of these guys!
 
^^ That ain't going to work. Cops are not "Ghulams". Its not as easy as bribing and getting the job done. If there's no proper paperwork, forget the cops, even the court can't do anything.
 
This is sad. I have people in my immediate family who have lost land to such people.
I am not sure how to proceed, but afaik, they had tried the legal way and others and failed.

I too am intrested to know if there is a possible way out of this. I feel your predicament.
 
If they have been living the Pagdi system, or for more then 20 years. the only way to vacate them is to wait for the building to collapse.
 
they have stopped paying the electricity bill, give rent ones in 2 months.
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Do they have a separate electricity meter box? You can just remove the fuse and keep it with you. And I doubt any legal proceedings will be possible without an agreement on a stamp paper.

Though you can try calling the police, tell them squatters have moved into your house. Show the cops ownership papers of the house too. Usually the site of a cop or two turning up scares people enough for them to relent.
 
Yes,seperate meter, we removed the fuse, but they are electricians so, they just went and connected again.

Paperwork is all there, i myself made it.

As per the paper its says either the owner/tenant can leave with 2 months notice.

and they have stayed only for 2 yrs or so.

they don't wanna leave cos the place is quite big and theirs is a big family, for which u wont get quite easily outside!,

they say they'll noyl leave when they find a big enough house which may take 6 months or so.
 
salluks said:
My tenants are not leaving, what do i do?
the place is quite big for a large family, and they don't wanna leave now.
he says call a lawyer do whatever u want but will not leave. they have stopped paying the electricity bill, give rent ones in 2 months.

whats the legal proceedings, i really dunno what to do to get rid of these guys!
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Location please.....Where in bangalore?
Very funny u let others dictate terms on ur property.
Call cops.
 
^^ I just checked on the same. That seems not advisable as we cannot cut electricity to them as per need. There are a lot of laws which are pro tenant and a legal matter usually drags on for 10-20 years. ( this is what has come up on google search, none of this is original, first hand knowledge)

Usually as a land lord, you need to have papers documenting the lease and renewal of the same. My mother said, if generally people stay on the same property over 10 years without any other supporting documents, they kinda own that land now.

If they are such evil people, you shouldnt back down from using an underhanded tactic or two to get such people thrown off from your land. That is just my personal opinion though.
 
As per the paper its says either the owner/tenant can leave with 2 months notice.
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If the paper says that you have the right to remove them after giving them 2 months of notice then I'm sure the law is on your side. The thing the dude is trying to pull off, is to get you embroiled in some court proceeding which will buy him some time, and will probably end up with no result.

Like I said, if its a respectable family, getting the cops outside his doorstep will probably work. If hes the dheet type then well..you're stuck.
 
I hope you are new to that area. If you are local person just take help of local "dadas" and local guys to forefully throw them. I don't think they have anything/anyreason to do anything legally.
 
This isn't 1960s or 70s movie that you can call the dadas and the mamas. Removing them forecefully will give get the landlord in trouble for sure. If the papers are proper and law is in landlord's end, why worry?

But..

Q1. Do you have the original property agreement with you?

Q2. What kind of agreement did you have with the tenant? If its The Lease Agreement- whoops.

Q3. Is the rental agreement with you?

Q3. Mode of payment- cash or cheque? Also have to taken a deposit from them? If cash, is there any proof from the Tenant's side or from yours that they are making a payment?

But Lease and License Agreement, depending on what is written on the agreement you don't ned to return the entire security deposit to tenant and the tenant has to leave or else an eviction notice can be given and then law will do the needful. But seeing the way your tenants are talking, it sounds like a lease agreement.

In both the cases, contact the lawyer.
 
this really sucks! where is your house in Bangalore?? The people who seem to be living there dont seem like the decent people.

How much rent were they paying before they stopped?

If they have a seperate electricity meter and they are not paying for it, just file a complaint of electricity theft with BESCOM.
 
krishnandu said:
I hope you are new to that area. If you are local person just take help of local "dadas" and local guys to forefully throw them. I don't think they have anything/anyreason to do anything legally.
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i was born and brought up in my area, unfortunately so was he!

Q1. Do you have the original property agreement with you?

YES

Q2. What kind of agreement did you have with the tenant? If its The Lease Agreement-

standard rental agreement

Q3. Is the rental agreement with you?- yes

Q3. Mode of payment- cash or cheque? Also have to taken a deposit from them? If cash, is there any proof from the Tenant's side or from yours that they are making a payment? - cash but thats not a problem.

Sandy said:
this really sucks! where is your house in Bangalore?? The people who seem to be living there dont seem like the decent people.

How much rent were they paying before they stopped?
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am near lifestyle, the father is quite decent, i know him since childhood but his sons are a pain! rent is around 15k

SharekhaN said:
If there is a seperate electricty meter, just apply to local electricity board to shut it off.

That should fix somethings.
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the bescom guy blames me, he says ur the owner and u should go and talk!
 
You can not approach Police, as matter is of civil nature and police has got nothing to do with this.

You do not have rights to cut the basic amenities to your tenant (its law), which includes electricity and water connections. If they are not paying the electricity charges ( I am assuming the meter to be a separate one), electricity people will disconnect the connection isn't it?

As for the question of you wanting your tenant to vacate your house, you have limited grounds to ask for it.

Go through this : http://dpal.kar.nic.in/.\34 of 2001 (E).pdf this is the rent control law governing your state.
 
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