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Tenant not vacating even after police complaint
01-Aug-2023 (In Property Law)
I had issues with my tenant towards rent payment and had asked him to vacate by March. But because of lockdown he continued to stay. After relaxations asked him to vacate and still did not. Gave a police complaint, tenant agreed with police in writing that he will vacate by July 1st week and pay balance rent. So far he has not paid 4 month's rent and still has not vacated. Police does not seem so keen with the complaint. Is there anything else that can be done than lawyer notice as everyone suggests that lawyer notice might take more than a year to resolve, if he files a responding complaint.
In this case, Police cannot interfere in landlord-tenant disputes, says High Court. The Madras High Court Bench here has said that police cannot conduct “parallel courts” to resolve disputes between landlords and their tenants when specific statutes had been enacted to seek remedy for such civil issues before competent courts of law. Send a Legal notice for Non-payment of rent and Not vacating the rented premises even after the term’s completion grounds for evicting the tenant. I have a vast practice in that area you can seek my assistance in your matter.
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Adv. Raghuraman Balaji
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Can I file a complaint against my landlord in India?
Local Police: If you are experiencing extreme situations, such as harassment, threats or attempts at illegal eviction, you can file a complaint with your local police station. You should always take action based on how serious the situation is and what laws and regulations are in place in your locality. 22-Jul-2022
What to do if tenants don't move out?
The landlord may file an eviction suit against the tenant with the help of an attorney if the tenant refuses to leave the rental home for whatever reason. Civil court hears the matter pertaining to the rental property.
Can I call police to evict tenant in India?
It is necessary to serve a legal notice before requesting eviction. The police will not help you take possession of your property if things get bad between the tenant and landlord.
How can I evict a tenant fast in India?
Rent Controllers (RC) are the people who decide whether a landlord can evict a tenant. They do so based on the grounds specified in the Act.
The Rent Controller will summon the tenant if he is satisfied that the landlord has a sufficient reason to be heard.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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