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Old 3rd September 2010, 15:37   #1
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Default Chennai - Tenant refusing to vacate the house

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.
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Old 3rd September 2010, 15:53   #2
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Get advice from a good lawyer who specializes in property matters. You can send them an eviction notice.
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Old 3rd September 2010, 16:01   #3
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If you go legal, you should be prepared to spend lots of years in litigation.

Do it the filmy style and keep the local PS SHO in confidence for a quick and less painful solution.
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Old 3rd September 2010, 16:10   #4
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I cannot give you any solution, but let describe what happened to one property in the neighborhood. This property was sold to a middle aged person and he wanted to stay there as he did not have any house on his own. But the property was tenanted by the previous owner and this guy did not get him vacated before the deal was signed. After the deal was signed, he asked the tenant to vacate the house so that he can stay there. But the tenant was not willing to vacate and the new owner filed a case. Case went on for years, close to 6 years or more and in the mean time the owner passed away. The tenant still kept it for 1 more year and then vacated the house.
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Old 3rd September 2010, 16:23   #5
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Originally Posted by jp1 View Post
Case went on for years, close to 6 years or more and in the mean time the owner passed away. The tenant still kept it for 1 more year and then vacated the house.
This is the worst I can think of now.

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If you go legal, you should be prepared to spend lots of years in litigation.

Do it the filmy style and keep the local PS SHO in confidence for a quick and less painful solution.
This is the way right now in my mind but we have a problem, he belong to backward community (sorry to use this word here) & I fear this action will backfire..

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Get advice from a good lawyer who specializes in property matters. You can send them an eviction notice.
How does the police act upon eviction notice?
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Old 3rd September 2010, 16:28   #6
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What happens if you stop paying the water/electricity bills - they will be disconnected right ?
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Old 3rd September 2010, 16:42   #7
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Quote:
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.
1) Is it leased for a particular period ? ( LL. where the property is usually leased for 11 months )
If so, has the document been registered?
2) If the answer is negative for the above, Iam sorry to say, but the process to vacate your tenant would be difficult , due to the ancient laws.

In any case, I suggest you consult a competent lawyer.
Please note that Iam not an authority in this matter, however, have experienced the pains while trying to vacate my tenants.
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Old 3rd September 2010, 17:07   #8
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As auto-one pointed out, if there is a lease agreement then evicting the tenant shouldn't be a problem.

You could also ask the electricity board to cancel the electricity connection, this is possible as you own the property.
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Old 3rd September 2010, 17:42   #9
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!. Have you been getting the rent every month?
2. Has the contract been renewed regularly after each expiry?
3. Have you given written notice for him to vacate the house?

Whatever the answer maybe, its going to be difficult.

1. Go to the police station and speak to them and find out the possibilities. Do not go alone, take somebody who can deal these things or through any acquaintance and file a complant if posssible. (This being a civil case they may not even file an FIR, not sure )

2. Send a legal notice asking them to vacate or repsond.

3. File an eviction case against them if none of these work.

Now, if you feel the tenant is problematic, do not go alone to talk to him, always take a lawyer and if possible record the conversations using mobile or micro recorder. Do not make any loose statement, there are chances of he filing a threat case against you.

Do anything legally, though it might take time, its the fool proof and safe method.

Perhaps, see if you can pay him some money and get him out of the house. i know its very painful idea but this is the most easiest way.
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Old 3rd September 2010, 18:17   #10
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We also had a similar problem after renting our house to a politician. Initiallly we thought they were just a middle class family but after some months only we realised that the lady is a keep for a big politician.
He stayed in my house for more than 4 years.No increase in rent and he did some modifications(minor) to our house as per his needs.
My father handled him coolly as there is no other option.
Whenever he goes there, he used to tell him that he is going to retire and needs to settle there only...finally that guy left.

I would say try to be friendly with him and tell him that you don't have any other option apart from this house to stay,etc..tell whatever lies you want and be patient.

or else contact some politicians...
Good luck.
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Old 3rd September 2010, 18:29   #11
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Quote:
Originally Posted by sdp1975 View Post
What happens if you stop paying the water/electricity bills - they will be disconnected right ?
That might become even disaster; reason? The tenants will start paying them & then they'll even stop paying you the rent.

Quote:
Originally Posted by rock18 View Post
I would say try to be friendly with him and tell him that you don't have any other option apart from this house to stay,etc..tell whatever lies you want and be patient.
+1

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or else contact some politicians...
This will get into a big mess; like bringing in a mongoose to kill the snake & mongoose starts eating the bird's egg.

@Bean - you need to handle this very cool; you've 2 options here; prepare to spend on court or prepare to spend on house. How?
Let's say your court case will attract about a Lakh in 5 years, prepare to spend it now on the existing house. Spread the news or keep telling everyone (including cops) that you need to renovate the house & hence you want them to move out. Work includes tiling, renovation of bathroom, change entire electrical work (if its single phase, say you need to make 3 phase), modular kitchen, an extension room & it takes about 6 months to complete.

To make it look real, approach a contractor (hint him that the house should be empty to carry out the construction & with tenants it becomes difficult). Take the contractor & visit the site frequently to make it appear real. Finally when the tenants are out, tell some lame excuse & reduce the construction to minor renovation.

Do this even, if you've any written documents because everyone knows that by going to court, whether the case wins or looses, the tenants can enjoy staying there for until then.
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Old 3rd September 2010, 18:31   #12
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Quote:
Originally Posted by Mr_Bean View Post
How does the police act upon eviction notice?
Unfortunately the cops don't give a damn. They will act in favor of the person who "motivates" them. If you get a court order then the cops would enforce it.

Just go to a lawyer dude and weigh your options. Have you signed a leave and license agreement with the tenants? The laws in your state may be different from other states. Therefore, advice on a public forum may not be very useful for you. Get a good legal consultation.
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Old 3rd September 2010, 19:22   #13
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One solution I can think of is - Get yourself involved. Talk, Talk and Talk. I know it would be difficult and I have faced this. But getting a third party like police, lawyer etc will be even more difficult to handle.

Especially, after knowing he is been backed by a lawyer.

Good luck.
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Old 3rd September 2010, 21:58   #14
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Can you try the reason that you want to move in there yourself (your family) ?
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Old 4th September 2010, 00:27   #15
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Since your folks have been trying to get him to leave for quite a while, no cock and bull story will work.
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