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If you want to file a complaint to the police against your landlord/licensor/tenant/licensee, you will have to go to the police station and file an FIR. You should make sure you give all the information you know about incident and trouble you have faced with either your landlord/licensor/tenant/licensee or a broker or any middle men involved while you were renting a house/flat.
Rajnikant
September 30, 2022
My tenant is not able to pay the rent to me due to which in turn I am also unable to pay the rent to my landlord. Plus my tenant is making nuisance in the society by not obeying society rules due to which society has given me a notice to get the tenant vacated, I have given notice not from the lawyer but made by me 2 times but still not ready to vacate the flat, my tenant has not given rent for 6 months in the gap of 2 months and now he is not able to pay the rent and police is also not ready to take an NC what should I do?? I am paying Emi on my flat plus rent on flat which is occupied by me from my landlord. Pls support
Nyaaya
October 7, 2022
If your tenant has failed to pay rent while being in possession of your property, then that is a breach of tenancy agreement that you and your tenant must have executed. He is no longer entitled to reside in your property. Even if there was no tenancy agreement, the tenant still does not have any right to reside in your property.
It does not matter if the notice that you gave to him was not made by a lawyer. The only thing that matters is having a written proof that you communicated reminders regarding payment of rent to your tenant. If you do not have written communications like this, then please start creating some.
The best course of action would be to send another legal notice demanding the rent and giving the tenant 10-15 days’ time to comply with the same. You must convey to the tenant that he/she must vacate the property and peacefully handover its vacant possession to you if he fails to pay the rent within those 10-15 days’ time period.
If your tenant fails to pay, you can file an FIR against him for criminal breach of trust and at the same time file a civil suit for recovery of accrued rent, eviction and mandatory injunction to peacefully handover possession of the property.
If you cannot afford a lawyer, you can reach out to your nearest District Legal Services Authority and they will help you get legal counsel.
If you do not want to fight the matter in court, you can also explore the option of “conciliation” wherein a settlement is reached between both parties through their consent and such settlement is legally binding in nature, and thus, enforceable in the court of law.
Alternatively, you can also file the matter at Lok Adalat, where there are no filing fees. The decision of Lok Adalat cannot be appealed against, however, if you are unsatisfied with the Lok Adalat decision then you have the right to file a court case.
Mohammad Idrees
February 5, 2024
Tenant not paying rent from 3 month and has taken his all belonging during night and locked up the room from 4month what can I do, please guide me
Alka Manral
April 18, 2024
Under Rent Controller Law, the act of the tenant not paying rent for two or more months is a justifiable ground for serving an eviction notice. Before taking any action like breaking the lock or removing the remaining belongings (if any) from the room, you need to issue a legal notice for the same and then if this notice is also violated, file a suit for eviction in civil court while making sure to get exparte orders. It is to note that only after that only after that you may get the possession of property by due process of law through court, which would be the safest way of evicting the tenant.
LEGAL NOTICE:
1. Adherence to Legal Format: The legal notice must follow the format prescribed in the Civil Procedure Code (CPC) and other relevant laws of India. It should contain details of both the landlord and tenant, the reason for termination, the notice period, and the consequences if the terms are not complied with.
2. Incorporation of Relevant Sections: To enhance the legal validity of the notice, it is advisable to reference specific sections of the Rent Control Act or other applicable laws. This provides clarity on the legal basis for the termination.
3. Emphasis on Specific Details: The notice should clearly state the grounds for termination and the necessary actions the tenant must take to address the issue, if applicable. For instance, if non-payment of rent is the cause, the notice should specify the outstanding amount.
4. The notice ought to be served to the tenant via a legally recognized method, such as registered mail with acknowledgment receipt requested, to ensure evidence of delivery.
5. Important documents required: Copy of lease agreement, Move-In inspection report, Rent Payment Records, Correspondence regarding lease violation.
VEENA KUMARI
December 29, 2023
Can I file an Arbitration against my tenant unauthorisely occupied (even EXPIRY of “Rent Agreement” )my flat situated in Delhi .The Owner,a lady Senior Citizen of 70 years old, residing in Bengaluru. She want to settle back in Delhi. A Clause exists in the Rent Agreement ( already expired) that ” dispute will be referred to Arbitration in Bangalore only. May I file the eviction proceedings in Bangalore. Pl advise.
Senbagaraju
December 31, 2023
Iam India Tamilnadu… My complaint house (rent credit app) I will amount 2500₹no customer account this amount sending problem…………….. account 93 30 10000 98 18 70) branch IFSC code UTIB0001233 (support@cred.club) credit app Gmail ID please my refund amount this my complaint 🙏 credit app customer care my complaint
Manoj
March 12, 2024
Hi, I have given a temporary accommodation to a person and the person agreed to pay full amount for the duration. Since he gave commitment I have booked room for him and rejected other potential candidates. But he didn’t visit the house and stayed there. He is not ready to give the full amount as we have agreed. Can I take a legal action on this? I need to get total 12k but he gave me only 5k.