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Post # 1
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Join Date: 19 Nov 2011
Location:  UAEPosts: 3 |
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Tenant not vacating & not paying the rent |
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Respected Sir,
I am an NRI, residing in Dubai from 1996, I hail from Coimbatore, Tamil Nadu. Since my family is here, I had rented out my house in India, my parents are taking care of the property. Its the only house I have. There are total 4 families sharing the house as separate portions. One of the tenants is an advocate (by name Mr.Dharmaraj), moved in our house in June 2010, refuses to pay the rent and the utility charges from February 2011. My aged parents are alone and are unable to handle his uncharacteristic mannerism. Even though my parents approached in a friendly manner, his approach towards them is very indifferent. The building is more than 50 years old and we had an intention to demolish and rebuild the house for our family use. So when we rented out the portion to the advocate (Mr.Dharmaraj), we had clearly, orally intimated him of our intention. It was also stated to him that after 6 months we will require him to vacate. As this was a short term arrangement, we did not make a tenancy contract. Repeated requests to pay the rent, utility bills and request to vacate his portion went waste. With an intention to harass my old parents, he moved to court. (During his stay he has learnt that my old parents do not have any support since I am here). My kids are 5 and 7 years old and they stay in day care, as my wife is also working to meet the financial needs. To avoid kids suffering and to support my old parents in their old age, we have decided to move back to India in a year. Within the period of one year, we had decided to demolish and rebuild the house for our own use. But as the matter is in court and he has applied for injunction we are unable to move ahead with our plan On my vacation visit to India in the month of April, I requested him to vacate, pay the rent & utility bills. I approached him in a friendly manner as I wanted to close the issue smoothly. But he put false case against me notifying several false points. But the police enquired the surrounding people & rejected his case against me. On my October 2011 vacation visit he challenged that he will put me in jail & that I cannot leave the country as he’s in a very influential profession. He often mentions that he’ll vacate only if we pay a hefty sum as settlement, otherwise his profession is so strong that no one will be able to help us, which we first hand experienced, as this same was repeated by the commissioner of police in Coimbatore. Current major issue is that my old parents are getting harassed and there is less safety for them as they are alone and already face a lot of health problems. Our plan to be with them has also gone haywire. other tenants in the home are ready to vacate. |
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Post # 2
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Join Date: 25 Apr 2011
Location:  Saudi ArabiaPosts: 62 |
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RE: Tenant not vacating & not paying the rent |
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First of all I feel sorry for your situation. You made mistake of not making rent contract with the tenant and also your matter is in court so wait for the court judgment.
Another thing you could do is to vacate the other 3 families and put college students in those portions and slowly your friend might leave that place. (just an idea) please also very careful when putting college students also. |
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Post # 3
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Join Date: 18 Dec 2011
Location:  BahrainPosts: 17 |
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RE: Tenant not vacating & not paying the rent |
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All NRI's should be very careful. This is a good lesson for all of us. |
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Post # 4
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Join Date: 08 Sep 2010
Location: BahrainPosts: 5 |
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RE: Tenant not vacating & not paying the rent |
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Hi venks-- this is a very normal situation for most of the NRIs. Well, if you clarify me a few following things, may be I can suggest you suitably. Though I am in Bahrain at present, but had been practicing law while in India.
a) The grounds on which your tenant has filed case against you when he does not have anything in writing from your side that he is a tenant!!!!! b) Did he already in posession of Stay order? I think you should file a keviet thru a lawyer which will help you in way that before your tenant is granted stay, you will be also heard c) Did you officially filed FIR in nearest police station? d) Do you have the original title documents in your name? If u can provide the above info, may be I can help you out with some tips with the proceedings. Vishnu |
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Post # 5
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Join Date: 10 Jul 2010
Location: Saudi ArabiaPosts: 4 |
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RE: Tenant not vacating & not paying the rent |
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lesson number one- never rent out for lawyer as aamaiyum ammeenayuvazntha needu urupidathu.... NRIS are exploied in this manner is not something new and that too having given your house without rent agreement is against law. Moreover he, being powerful in the local soceity could go to any extent to grab the property and as a lawyer he would always look for loop-holes in the book of law to exploit the situation; so strike when the iron is hot and *** for tat..... but before that you need to take the law in your hands. you may have to spare a few thousands but it's worth taking this risk. You have the title deeds with you and it's your land as none could deny this fact in the court of law. So write a detailed letter to amma( hope this guy is not a ADMK guy) explaining the plight and resort to use some violent threats by engaging some goondas but at the same time to evict him out by force - don't give time by dumb threats as he may try to harm your parents. But I feel political pressure from opposite side of the party he belongs is a wise decision. where exactly in CBE you have this property. I have similar property there but I walled it completly and locked it and I never would think of letting out at all. |
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Post # 6
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Join Date: 19 Nov 2011
Location: UAEPosts: 3 |
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RE: Tenant not vacating & not paying the rent |
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Dear All, thank you for your kind suggestions. you're all helping the the person like who suffered. thanking you once again.
The tenant who put a injunction case against me me he noted some points- 1.that earlier bachelors stayed in the partitioned portion & it was now you kept a family.whenever the family is cooking the smell is coming to my portion also. 2. we asked him to vacate immediately- a false point that now he has taken 10 months now. 3. On my visit to India I requested him to vacate- he put a false petion that I went inside his living room & kicked a plastic pot & broken it. 4. the front room of the protion is leaking & we're not repairing it- actual thing is we repaired in the 2009 october- but now started leaking again- because leaking roof repairing costs more. 5 he paid rent only upto January 2011- didn't paid for february 2011 but he send money order in the month of April mentioning march month rent. the rental amount is only 2,500/- advance received is -5000/- Rs. my father refused to receive. ( what's in his mind is want's to make a record) he complained in police staion but police rejected it/. notified with a notice that what he mentioned is all false. |
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Post # 7
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Join Date: 19 Nov 2011
Location: UAEPosts: 3 |
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RE: Tenant not vacating & not paying the rent |
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vishnu8083:
Hi venks-- this is a very normal situation for most of the NRIs. Well, if you clarify me a few following things, may be I can suggest you suitably. Though I am in Bahrain at present, but had been practicing law while in India. a) The grounds on which your tenant has filed case against you when he does not have anything in writing from your side that he is a tenant!!!!! b) Did he already in posession of Stay order? I think you should file a keviet thru a lawyer which will help you in way that before your tenant is granted stay, you will be also heard c) Did you officially filed FIR in nearest police station? d) Do you have the original title documents in your name? If u can provide the above info, may be I can help you out with some tips with the proceedings. Vishnu Dear All, thank you for your kind suggestions. you're all helping the the person like who suffered. thanking you once again. The tenant who put a injunction case against me me he noted some points- 1.that earlier bachelors stayed in the partitioned portion & it was now you kept a family.whenever the family is cooking the smell is coming to my portion also. 2. we asked him to vacate immediately- a false point that now he has taken 10 months now. 3. On my visit to India I requested him to vacate- he put a false petion that I went inside his living room & kicked a plastic pot & broken it. 4. the front room of the protion is leaking & we're not repairing it- actual thing is we repaired in the 2009 october- but now started leaking again- because leaking roof repairing costs more. 5 he paid rent only upto January 2011- didn't paid for february 2011 but he send money order in the month of April mentioning march month rent. the rental amount is only 2,500/- advance received is -5000/- Rs. my father refused to receive. ( what's in his mind is want's to make a record) he complained in police staion but police rejected it/. notified with a notice that what he mentioned is all false. I also filed a request in police station but police filed the case as- pothu nala valakku. tThe property & all documents in my name. still he didn't got the Injunctipon but the first lawyer who we appointed is frien to my tenant & my lawyer didn't filed RCOP - properly against injunction.later now we got a lawyer & he's proceeding, mean time the tenant requests for Expat. Venkatesh. |
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Post # 8
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Join Date: 08 Sep 2010
Location: BahrainPosts: 5 |
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RE: Tenant not vacating & not paying the rent |
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Dear venki,
From the information you provided, your lawyer tenant's case is not strong enough to be awarded stay. The only ground which can be considered by court is the charge that you forceably entered into his portion....... Firstly- my adv will be not to be too defensive. you may ask your lawyer to take the following grounds: a. That you are staying out of India and your old parents are staying in that house. b. All the charges in the petition -- deny c. You must take the ground that there was an unwritten agreement between both of you. As a lawyer, he should have insisted for a rental agreement which he did not do so he failed in his primary duty being a lawyer. d. Now that your house is old and need be demolished and reconstructed so it is necessary that he vacates which he is not doing. You will have to submit municipal approval for demolishun and you need to commence the work without any more delay. e. You issue him officially a notice to vacate and send the same by regd post failing which you will not be responsible for the consequences. You can ask your lawyer to do this and I am sure, he knows the job. f. Last but not the least- you should file FIR in concerned police station. With copies of all these dox, you should approach court and ask for eviction. Remember that it is a long process and time taking process. There are only 2 ways to do it (1) legally-- which is time consuming (2) using muscle power. The choice is yours. Vishnu |
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Post # 9
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Join Date: 18 Jul 2010
Location:  KuwaitPosts: 274 |
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RE: Tenant not vacating & not paying the rent |
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really good information... |
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