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Old 27th March 2012, 18:14   #46
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Default Re: Chennai - Tenant refusing to vacate the house

@Mr.Bean

Just bumped into this thread.. Any updates on this?
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Old 27th March 2012, 18:33   #47
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Default Re: Chennai - Tenant refusing to vacate the house

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Originally Posted by alpha1 View Post
^ Just to confuse you further.
Consider this scenario - these tenants are fine and dandy, but you pull the plug after reading this thread and get new ones.

And the new tenants turn out to be the squatters ...
Exactly - that's why I am confused - what's the law on this?
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Old 4th April 2016, 14:26   #48
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Default Re: Chennai - Tenant refusing to vacate the house

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Originally Posted by GTO View Post
Lease expires when, in January 2011? That's when you should make a stern request to him. If he doesn't abide by your instructions, gain access to the house when its empty (ONLY after the lease expires) and remove all of his belongings. Replace the locks with new ones, keep a tough security guard to look over, and occupy the place soon (empty houses are bad news). If he tries to harass you, register a complaint with the local Police station.

I frequently lease out properties and believe me, sometimes you have to act tough with the lessees.
Hey GTO,
That's undoubtedly the best way to proceed. Do you have to do that often?
Also, can the tenants create problems by going to the cops? Please reply.

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Originally Posted by Mr_Bean View Post
My tenant is refusing to vacate our owned house after repeated reminders. This was given for occupancy in 2006 & now it has been 4 years.

The owner is citing various reasons like passport, studies.. & this is the 3rd extension we have given in the past 1.5 years, my parents are too old to handle this & it is too much of a tension considering their age.

I have not got actively involved into this but have been seeing what is happening here for the past 1 year, today I almost lost my patience when he told me that he is not ready to vacate. The tenant is running a broker/agent office in my house. I guess he has a lawyer backing too.

The house is dilapidated state too, so we would like to renovate our house but because of all problems we are stuck.

Appreciate your help, please let me know how to approach this.
Bumping up an old thread here...what's the status of the case now? Did you manage to get the tenant out?
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Old 4th April 2016, 14:44   #49
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Default Re: Chennai - Tenant refusing to vacate the house

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Originally Posted by GTO View Post
Lease expires when, in January 2011? That's when you should make a stern request to him. If he doesn't abide by your instructions, gain access to the house when its empty (ONLY after the lease expires) and remove all of his belongings. Replace the locks with new ones, keep a tough security guard to look over, and occupy the place soon (empty houses are bad news). If he tries to harass you, register a complaint with the local Police station.
This may be possible in Mumbai and GTO in fact is referring to a query from someone in Mumbai, but others should bear in mind that tenancy laws vary from state to state and the above action may be illegal in your state and you may very well end up behind bars.

In places like Kerala, the landlord has absolutely no right to evict anyone forcefully as per the Kerala Buildings (Lease and Rent control) Act, 1965. In fact, the landlord's only recourse is to approach the Rent Control Court who will then decide based on need! Things are so bad that the owner has to prove that he needs his property for his own use and that he has no other accommodation.
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Old 5th April 2016, 08:03   #50
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Default Re: Chennai - Tenant refusing to vacate the house

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Bumping up an old thread here...what's the status of the case now? Did you manage to get the tenant out?
We approached a lawyer to file a civil case, We had to prove to the court that the landlord's son (myself) got married and now prefers to occupy the house for own purpose. The case went on for nearly an year, the tenant tried his best to mislead the court by saying that we tried to threaten him and took help from goondas of the non-ruling party to evict me out.

We won the case and eviction notice was issued. The tenant didn't bother to handover the keys, he went absconding. He had to pay us 1 lakh in dues, for that we were told to file a criminal case. My parents decided not to pursue an another case. I thoroughly understand their situation, the tenant (real estate broker) might be a threat to my parents in future if we decided to chase him down for money, they have literally nothing to lose in life.

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Originally Posted by nowwhat? View Post
In places like Kerala, the landlord has absolutely no right to evict anyone forcefully as per the Kerala Buildings (Lease and Rent control) Act, 1965. In fact, the landlord's only recourse is to approach the Rent Control Court who will then decide based on need! Things are so bad that the owner has to prove that he needs his property for his own use and that he has no other accommodation.
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Old 5th April 2016, 10:14   #51
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Default Re: Chennai - Tenant refusing to vacate the house

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We approached a lawyer to file a civil case, We had to prove to the court that the landlord's son (myself) got married and now prefers to occupy the house for own purpose. The case went on for nearly an year, the tenant tried his best to mislead the court by saying that we tried to threaten him and took help from goondas of the non-ruling party to evict me out.

We won the case and eviction notice was issued. The tenant didn't bother to handover the keys, he went absconding. He had to pay us 1 lakh in dues, for that we were told to file a criminal case. My parents decided not to pursue an another case. I thoroughly understand their situation, the tenant (real estate broker) might be a threat to my parents in future if we decided to chase him down for money, they have literally nothing to lose in life.
Yep, good thing you didn't pursue him. Your parents well-being are much more important than any amount of cash. Atleast you got your property back

With such rogue tenants, I guess price appreciation is the only point of real estate investment. No point renting out our properties *sigh*
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Old 19th December 2017, 09:34   #52
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Default Re: Chennai - Tenant refusing to vacate the house

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We approached a lawyer to file a civil case, ...
Mr_Bean, I was glad to find this thread. My father (in chennai) has rented his second flat in since Jan 2015. The last 11 month lease ended Oct 31 2017. He gave notice the tenant in Aug citing that he wants to move there. But tenant wanted more time till January 2018. Since we didn't want to start an argument we agreed. Tenant sent whatever was discussed verbally in writing (signed on plain paper) including the fact that he won't pay rent from August and asked that it be adjusted against is 6 months advance that my father holds. He is middle aged IT professional, family person. So far appears decent. But we don't know more.

Now that it's December, he has started saying that he has not been able to find a locate a suitable home to rent. My father is wondering what to do. Come January, the advance we hold also runs out. I am abroad and not able to help him directly. We still want to persuade the tenant but don't know how to handle it if he keeps dilly dallying.

Can you share the contact of the lawyer you had located?

For starters, we wanted to get some genuine legal opinion. My dad has health issues and is very worried/preoccupied and not in a position go locate a genuine lawyer.

Thank so much.
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Old 19th December 2017, 10:31   #53
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Default Re: Chennai - Tenant refusing to vacate the house

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Can you share the contact of the lawyer you had located?
.
I am not sure if rules allow me to post the lawyer's number here, tried PMing you, but you have disabled it.

Rgds,
Vinod

Last edited by Mr_Bean : 19th December 2017 at 10:33.
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Old 19th December 2017, 14:08   #54
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Default Re: Chennai - Tenant refusing to vacate the house

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I am not sure if rules allow me to post the lawyer's number here, tried PMing you, but you have disabled it.

Rgds,
Vinod
He is still a newbie so not sure if he can get PMs.

We have a few apartments on lease, here's what we keep in mind:

1) Always enter a water tight registered agreement with a clear lock-in period, and clear clauses on eviction.

2) We don't lease out to individuals, but only those who are working for corporates. The returns may be lesser, but the peace of mind is worth it. Never to a small business owner / independent who comes without reference.

Recently we sold a couple of these apartments, and are fortunate the tenants were understanding. Having the society work with us was a boon as well!
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Old 20th December 2017, 06:19   #55
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Default Re: Chennai - Tenant refusing to vacate the house

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I am not sure if rules allow me to post the lawyer's number here, tried PMing you, but you have disabled it.

Rgds,
Vinod
Hi Vinod, Right I guess I am not allowed to receive PMs. I did enable the option to receive emails from other members. Could you please try that option? I am not sure if I am allowed to post me email here?
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Old 20th December 2017, 09:19   #56
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Default Re: Chennai - Tenant refusing to vacate the house

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Hi Vinod, Right I guess I am not allowed to receive PMs. I did enable the option to receive emails from other members. Could you please try that option?
I am not sure if I am allowed to post me email here?
Fyi Vinod. I did enabled V card download too. So you should be able to get my email address.
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Old 22nd December 2017, 06:18   #57
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Default Re: Chennai - Tenant refusing to vacate the house

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I am not sure if rules allow me to post the lawyer's number here, tried PMing you, but you have disabled it.

Rgds,
Vinod
Hi Vinod, my email is my handle name and yahoo . Please send me the contact. Many thanks!
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Old 22nd December 2017, 10:48   #58
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Default Re: Chennai - Tenant refusing to vacate the house

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Hi Vinod, my email is my handle name and yahoo . Please send me the contact. Many thanks!
Sent you email, please check.
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Old 23rd December 2017, 16:35   #59
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Default Re: Chennai - Tenant refusing to vacate the house

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Originally Posted by Mr_Bean View Post
Sent you email, please check.
Hi Vinod
I am facing the same issue.
Tenant is not paid rent for nearly 4 months and is not willing to vacate soon.
I have messaged you as well.
This has become a common problem in Chennai I guess
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Old 29th December 2017, 09:01   #60
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Default Re: Chennai - Tenant refusing to vacate the house

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Originally Posted by sundarpn View Post
Mr_Bean, I was glad to find this thread. My father (in chennai) has rented his second flat in since Jan 2015. The last 11 month lease ended Oct 31 2017. He gave notice the tenant in Aug citing that he wants to move there. But tenant wanted more time till January 2018. Since we didn't want to start an argument we agreed. Tenant sent whatever was discussed verbally in writing (signed on plain paper) including the fact that he won't pay rent from August and asked that it be adjusted against is 6 months advance that my father holds. He is middle aged IT professional, family person. So far appears decent. But we don't know more.

Now that it's December, he has started saying that he has not been able to find a locate a suitable home to rent. My father is wondering what to do. Come January, the advance we hold also runs out. I am abroad and not able to help him directly. We still want to persuade the tenant but don't know how to handle it if he keeps dilly dallying.

Can you share the contact of the lawyer you had located?

For starters, we wanted to get some genuine legal opinion. My dad has health issues and is very worried/preoccupied and not in a position go locate a genuine lawyer.

Thank so much.
Go out of court.

Firstly, ask him to pay his due rents. NEVER ADJUST against the deposit

Going to court is pushing the issue to the next decade!!

Since you say he is a middle aged IT professional, I'd expect some professionalism here.
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