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.