Problem with my mother's tenant (Bangalore)
Dear Sirs,
I am from Bangalore city.
My mother is suffering from a very unreasonable tenant for the past few years and we are really struggling to find a way out to get him vacated. To give a bit of a background, my mother has let out a small portion of the property for official use to a tenant. The tenant has been around for many years now and was also known to my father. My father passed away 7 years back.
The tenant changed the rental agreement from an individual agreement to a society agreement. He is apparently running a society from the premises. The tough part has been that all this was done without my mother fully realizing what she was getting into. She never read the rental agreement properly before signing it. I got to know of this very late! :-( If I knew it, I would have stopped signing this agreement. The agreement was signed apprx 2.5 years back.
The tenant has not been paying rent for close to 2.5 years. We need the premises for our own use for urgent personal reasons. Since my mother is a senior citizen, I took it upon myself to deal with this guy. For the past 3 months, he is stating that he will vacate soon but has not done it. The tenant started giving some explanations that it is not easy to vacate a society and you need to give many months notice. I have been speaking to him for close to a year now and he is not all co-operating to vacate. The worst part is he is neither paying rent nor using the premises. He resorts to all kinds of unnecessary explanation and some kind of threats that we are dealing with society and so on.
Since the premises is also part of our house, it is making our life tough and it is leading to a lot of personal hassles and tension. He is not co-operating to vacate or submit the copy of the rental agreement. He keeps stating it needs to be sourced from the registar of societies.
We are in a mess since we have no copy of the rental agreement to deal with and this guys is just not vacating. I am worried that he has some ulterior motives which I am unable to understand.
Can you please suggest a way forward?
Warm Regards,
-Shekar
1 Reply
A person can’t stay in house if he don’t pay rent for a single day. every state has differnt rules regarding the rents and its control.
you have every right to vacate the house.
its generally false under civil matter and you can file a suit agianst him and court will grant relief for you.
Things to understand..
1.U said, its signed a contract with society.. i am assuming, it a society registred under Societies act.
2. i belive you said, your mom signed the document, if she is leterate , you can get the relief under contract act. that the conditions are not known to her.
3. as per the rent control act of Karnataka, you can cliam damages as well with the tenent for the inconveinance .
actions to be taken.
2 methods.
1. File a private nusience case against the tenet at nearest police station or
2. file an injection suite agianst the tenent by claiming that he has not paid the rent..
Thinks you should consider..
Rent agreement.
Rent reciepts
primise missuse..
Private nusience of creating inconvenance in enjoying your legal rights and property