Tenants not leaving! what to do?

Minimum two months if you go to court, surely more to get him thrown out, and yeah, there are the hassles as well. If you know him well, I think you also start helping him look out for a suitable accommodation he can move into, while negotiating with him on the side.
 
The Sorcerer said:
IMHO, if people can't take a hassle of a week or 2 to make sure that their property worth lakhs and crores is safe with them when its given for rent, they are shooting their own leg because if the tenant is smart, he will take advantage of it and it will end up in a very long legal battle and if the court favours him, you have to blame yourself for being a lazy lump of whale blubber. Unfortunately there are cases where people are not aware of it despite hiring the best of lawyers. So I am sharing my experience so that one can ask the legal experts and be aware about it.
True and thats why at the time of drafting the lease much effort must be spent into making it as watertight as possible. A leaky agreement once signed to may not be defendable later. One quickly appreciates the meaning of words here, just one can either make or break everything.

The Sorcerer said:
Like I said, lease agreement technically gives a transfer of ownership to the tenant, therefore the technicality and occupation of a property in a way gives a right to the tenant for occupation, depending on the period of occupation. Its because of this contradiction in the "lease agreement", the court can't take this decision in a matter of months, let alone days.
Aha, so if the lease is valid then it becomes harder per you to get a tennant to leave. Since salluks said anyone can give 2 months notice, he techincally does have the right to ask them to vacate as signed to. But if they disagree then what can he do ?

I don't think its because of the transferring of ownership bit, btw ownership is never transferred (as you alone hold the property deed), only possession is transferred. But in real terms its because given the speed at which the courts operate here that clause on its own is pretty much worthless. In practice the term of the lease is the real limit, it can be pretty hard to get someone to vacate midway.
@salluks can you answer the questions asked earlier ?
Has the lease lapsed ?

or have you decided that within the lease period that you don't want them anymore and given them notice to leave.

And most important of all is the lease still valid or has it expired ?
 
Give local electricity babu 500rs ask him to cut it in a way that will take a few days or some expenditure

Cut water supply, break the pipe or something.

Make a tamasha, being a good guy gets u nothing in such cases..u need to man up and do something..

Also give it on rent to some friend with some muscle power..

Keep doing damage, most of the damage to the basic stuff costs in thousands..

If u have access try breaking the sewage pipe...lol
 
Party Monger said:
Give local electricity babu 500rs ask him to cut it in a way that will take a few days or some expenditure
Cut water supply, break the pipe or something.

Make a tamasha, being a good guy gets u nothing in such cases..u need to man up and do something..

Also give it on rent to some friend with some muscle power..
Keep doing damage, most of the damage to the basic stuff costs in thousands..
If u have access try breaking the sewage pipe...lol

Ignore this post!
 
sue them with mental harrasment charges + Unauthorised equipmnt of the land + moral loss Blah Blah.. and show the original papers of the house when required to the law personells. thats what my dad did in our case. the tenant was a lady. earlier she said that we must wait until her husband from the gulf so that she can find a place for them to go. but an year passed, the husband came and went back again. but nothing happened. my dad sued them. and surprisingly it worked. all thanks to a 'vakeel' friend of my dad.
 
Here's my 2 cents:

If you think the legal way (read court) will help resolve this asap, I'm sorry you are wrong.

Like someone rightly said, there are so many cases, spanning many years, still lying open without any possible outcome. And to think you can file a case and get this over with, in a month or two? Not possible. Doesn't matter even if you hire the best lawyer in town. And yes, the headache of it all, would be imposing too much on your family.

Like you have decided in you last post, just talk to the old man and see what can be done. A sorry face and a plausible story might help convincing the guy somehow.

Six months (time frame he suggested) is a fairly reasonable amount of time for a family that big to find a suitable place and shift there. They need a new nest and when they do find one, they'll move, no questions asked.

You could (your call) possibly help them find a suitable place to shift too.

DON'T:

* Resort to dadaghiri (hope I got that right?)

* Break this and damage that ! Remember, it's your place.

Good luck!
 
+1 for the Dadagiri - don't think anything else would work cheaper and effective. I'm not so sure of this idea but if you have some contacts in the Police dept., do let them know that you're resorting to this and just in case the tenants call them up, you shouldn't be in a lose-lose situation. :p

Hire 4~5 of them and let them have their stuff shifted outside your gate. Let's see who's going to stop them. Have the electricity and telephone lines cut well in advance.
 
The reason for so many pending cases is becoz the government officials themselves occupy govt offices and bunglows for years after they have been dethrone...any seriousness in the act will hamper themselves too...

blr and sorcerrer post are valuable...but i guess its late as u are already in trouble rather than u giving it on rental basis now.....

I guess doing some gandhigiri type harassment will help.....like sticking poster in your locality saying see how idiot u yourself are as your house has been taken up......Ppl will certainly enquire about u and will ultimately land upon the people staying and will avoid to keep any business or good contacts with themselves......Paying for similar stuff in newsppaper(if they can print about escorts they can certainly print about this)

Note::This is all my personal view .....their is no rule to follow it .....i would have acted in similar matter plus will keep court stuff ready like NC and other important clauses in mind...some sort of harassment ull have to do.....Nobody on rent will be helpfull enough if u so courtesy(which proves your helplessness.....)..If they really cared about u they would have said....Son try to find a home for us first and than we will migrate...but from your case it doesnt looks so...though u do have chat that whether if u find them another accommodation would they shift.....And if u do find something bigger and more expensive it would be better u deal with the new place guy with some extra paying settings for few months and that guy pays less......atleast once they are out of your place you can again b the king of the place......
 
the way i see it, the legal route will strain you like shit ...

and will take god knows how much time

the sober route:

just get some local influential people/people in the police you know, and take them with you to talk to the tenants

you say he will be knowing them too, but that's a good thing as they will be able to get across to them better

just explain your side of the story in front of everyone and the then see what they say

most probably all of you explaining them that they have no right to stay there when you don't want them will get across and they will agree to move out

the harsh route:

get in touch with some builders/property agents/goons in your area tell them your situation, fix a amount to get the job done and leave it to them...

i hope you sort this out, property cases suck big time :|
 
@OP ..

Well let me tell you from what i have seen personally.

1. The legal route is going to be very slow and tedious if you are not rich enough to spend money. If you are trust me its the best. knowing some local political honchos will also help.

2. Do not ever get into a fight as long as they live on your property. bad things will only happen to you.

3. As one of the members posted here, fighting them dirty is what i recommend.

A frnd of mine owns 3 or 4 extra houses in my city and his father rent it out. abt 2 years back something of this nature happened. they will only leave in 1 year or so. but the agreement said 3 months notice period. it was messy and that family that lived there was CHEAP. ****ing cheap. even their 12 year old son was saying words that i would never even think in front of my father.

So my frnds father did somethign very simple. someone he knew was into transportation business taxi's and buses. told him of his situation and he agreed to help. next week onwards their house was used by them to park their vehicles..IT WAS FUNNY AS HELL TO SEE. the house was in like a 15 cent plot..allt he front yard was full of indicas..and the front gate is full time open..coz then only their bus could be parked..

The tenant tried to complain to police as he knew some HC there...and they tried to threaten the drivers... they calmly told the "land" owner gave us the place for rent we aint moving... the tenant did tried a lot. but he doesnt own the land..he doesnt and he is a tenant even by law.

The drivers used the bathrooms and wells outside and the terrace and car porch to keep their and the vehicle stuff..

so in total, they moved out under 3 months.. :)

Treat people way you want them to treat you. but if some chump takes try to advantage of you, fight dirty like hell. if you dont win at least poke his eyes and kick his balls.
 
Go and speak to police commissioner ( shankar bidari ) directly .He seems to be a nice guy and give a complaint to him . Later if it does not work out call TV 9 news channel :D .
 
Is your agreement registered with government and does it written on right valued stamp paper? If yes then only it will help otherwise it's of very very little help.

As all said do not go to the court. One thing is it will take long time. Second thing is, if tenant proves that you really don't need that house, court will favor tenant.

As long as tenant doesn't do any illegal (sort of criminal) cops will not help.

Same incident happened with us 2 years back. We tried everything which we can do, believe me everything and it didn't work.

Finally after 1 year, my father contacted one gunda and gave him few bucks and he started threatening that tenant. Started accusing him and his family. And started sending his men to our home. My father went to his office where he works and told what he is doing to all his office colleague. And after 3 months he left.

As someone pointed out against dadagiri we also were against it we waited for one year. But finally that is the thing which helped.
 
^^

If we trust people in india..some of them takes us for granted. so thats the only way. Its un civil but hey we got to live too r8?
 
m-jeri said:
So my frnds father did somethign very simple. someone he knew was into transportation business taxi's and buses. told him of his situation and he agreed to help. next week onwards their house was used by them to park their vehicles..IT WAS FUNNY AS HELL TO SEE. the house was in like a 15 cent plot..allt he front yard was full of indicas..and the front gate is full time open..coz then only their bus could be parked..
This may work if its an independent house, but what if its an appartment ?

Also i understood that salluks lives in the same place. That means he would undergo the same mess as well.

Party Monger said:
Ofcourse you're saying that cause you have a lot of experience in getting adamant tenants to vacate right?

Question is have these methods worked for you as you were the one posting what to do.

The problem with your suggestion is its very dependent on
- you and your temperament, whether you & your family can withstand any retaliation.
- the tennant and how low he's prepared to go.
- you are in unknown territory, if anything goes wrong its your neck on the line.
- the law & order situation where you live.

Frankly, its not very clean and could go either way. A problem that was not so bad could become much worse and therefore is a very dicey route to follow. Ppl say the legal route is tedious & stressful, but guess what its predictable, the illegal way will always be more stressful as its unpredictable.

It's not clear at this point whether these ppl have said they will never leave, just that they wanted time to find another place. What you sugggested is more for the former than the latter. Its the last resort!

Its not sexy what i've suggested but it comes from talking to a few old dogs that have been down this route before ;)
 
Also, before you go the gunda way (which eventually you will have to), try to contact his company's HR (if he is working somewhere). If he has kids, distribute flyers in there school with there photos mentioning what there dad has been upto.

Put up posters in nearby supermarkets etc. And if you do not hear from him within 2-3 days, send in the force...preferably during night.

Also, once you use force to kick him out, remember that the same force could be used on to you as well. So atleast for the next few months, be very very careful. Once you get your house emptied, seal it up imminently. Get some boards, seal all the doors and windows from outside. Completely weld off the iron entrance gate. Hire guards (armed if you can afford) and station them outside your house. Hire a detective to continue a check on your ex-tenant. This will help you get a warning if he is planning something.

All this will cost you about 50k for say 3-4 months...but then we are talking about a house..which I am guessing will be atleast 30L?

Regards,

Mohit
 
This is the best goddamn advice I have heard in a very long time, Kudos! :eek:hyeah:

"Treat people way you want them to treat you. but if some chump takes try to advantage of you, fight dirty like hell. if you dont win at least poke his eyes and kick his balls."

Awesome quote! :)
m-jeri said:
@OP ..

Well let me tell you from what i have seen personally.

1. The legal route is going to be very slow and tedious if you are not rich enough to spend money. If you are trust me its the best. knowing some local political honchos will also help.
2. Do not ever get into a fight as long as they live on your property. bad things will only happen to you.
3. As one of the members posted here, fighting them dirty is what i recommend.

A frnd of mine owns 3 or 4 extra houses in my city and his father rent it out. abt 2 years back something of this nature happened. they will only leave in 1 year or so. but the agreement said 3 months notice period. it was messy and that family that lived there was CHEAP. ****ing cheap. even their 12 year old son was saying words that i would never even think in front of my father.

So my frnds father did somethign very simple. someone he knew was into transportation business taxi's and buses. told him of his situation and he agreed to help. next week onwards their house was used by them to park their vehicles..IT WAS FUNNY AS HELL TO SEE. the house was in like a 15 cent plot..allt he front yard was full of indicas..and the front gate is full time open..coz then only their bus could be parked..

The tenant tried to complain to police as he knew some HC there...and they tried to threaten the drivers... they calmly told the "land" owner gave us the place for rent we aint moving... the tenant did tried a lot. but he doesnt own the land..he doesnt and he is a tenant even by law.

The drivers used the bathrooms and wells outside and the terrace and car porch to keep their and the vehicle stuff..

so in total, they moved out under 3 months.. :)

Treat people way you want them to treat you. but if some chump takes try to advantage of you, fight dirty like hell. if you dont win at least poke his eyes and kick his balls.
 
One of the idea here isnt bad, get a detective and digup all nasty stuff about them. Blackmail them in to leaving.

or else!

There is always 4 chan way!

Post the phone number and stuff and lets start the harassing :D
 
blr_p said:
This may work if its an independent house, but what if its an appartment ?

Also i understood that salluks lives in the same place. That means he would undergo the same mess as well.

Question is have these methods worked for you as you were the one posting what to do.

The problem with your suggestion is its very dependent on
- you and your temperament, whether you & your family can withstand any retaliation.
- the tennant and how low he's prepared to go.
- you are in unknown territory, if anything goes wrong its your neck on the line.
- the law & order situation where you live.

Frankly, its not very clean and could go either way. A problem that was not so bad could become much worse and therefore is a very dicey route to follow. Ppl say the legal route is tedious & stressful, but guess what its predictable, the illegal way will always be more stressful as its unpredictable.

It's not clear at this point whether these ppl have said they will never leave, just that they wanted time to find another place. What you sugggested is more for the former than the latter. Its the last resort!

Its not sexy what i've suggested but it comes from talking to a few old dogs that have been down this route before ;)

When you meet such people, its a dead wall u face, courts and all will go for years, with him shelling more money out of his pocket..

To each his own, i've seen these people and know that if he doesnt act tough right now, its end of the play, he can kiss goodbye to his house until they decide to leave voluntarily..

SharekhaN said:
One of the idea here isnt bad, get a detective and digup all nasty stuff about them. Blackmail them in to leaving.
or else!

There is always 4 chan way!

Post the phone number and stuff and lets start the harassing :D

Sharp Detectives Private Limited
Contact these guys, they may know some detectives in ur city..this is actually a good suggestion...but you will be shelling out money..
 
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