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Tenant not paying month rent and staying without an agreement document


10-May-2023 (In Family Law)
Hello Sir, I have a tenant who came in 3 months back. I was out of town when my father gave the keys to this tenant since he was a relative to a known family friend without any agreement. My father took whatever Advance amount the Tenant gave ( Which was half of the Total Advance amount ) believing him. He cheated my father by promising him he will give the balance of the advance amount next day. Ever since he is giving excuses and has not been paying the balance advance amount and also the rent. This is his 3rd month in my house and has not even paid any utility bills or rent or balance advance amount. He is now saying he will not vacate the house since there is a lockdown even though there is relaxation in Non Containment zone from 7 am to 7 pm. Since I am out of town and due to restriction, unable to reach Bangalore. I messaged him on WhatsApp to vacate the house. He is threatening us and my family. Can you please help on what should be my next steps and will you help in issuing an
Answers (2)

Answer #1
619 votes
Firstly lock the door from outside when he's inside the home therafter call police and get him arrested for trespass since he has no agreement he cannot claim to be a tenant. This is simple method. If you want a legal route you need to file for eviction and send legal notice. Also since he has no proof of advancing amount state to police he entered late night without anyone's knowledge
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Answer #2
784 votes
First get issue a legal notice under section 106 of Transfer of Property Act. Even oral agreement is valid. The moment courts are opened then file eviction. Try police help and get him vacated if possible. Nothing to worry you can use your good offices and get him thrown out.
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