Tenant took possession of my commercial property Tenant took possession of my commercial property

2 years ago

My tenant took possession of my commercial property with out agreement saying that he would make agreement soon but that never happened . he did not open the premises for the last 3 months and disappeared . and responding to mob calls or cell phones switched off. rent also not paid for the last few months. also no advance paid. How to find his whereabouts and no way to contact him . please advice what is the legal procedure to take over my property ,and rent it again to another party ( once he was attacked by covid 19 very badly during 6 months back or so )

Anik

Responded 2 years ago

View All Answers
A.Dear Client,
Since there is no legal agreement between you two, you can file for criminal trespass u/s 441 IPC. You can also file an eviction suit.
Thank you
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers

A.Dear Sir,
You may place an advertisement in the local paper and lodge a complaint with Police and then take possession of your property.

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It has not been specified whether you had given any rent receipt to that tenant in the past or not because if you gave rent receipt to that tenant earlier,then that is admission on your part about that tenancy and then it is necessary to give Eviction Notice to that tenant due to non payment of rent and as the tenant is not using the commercial property for last three months. If even after expiry of the stipulated period of 30 days, the tenant fails to vacate that premises, then Eviction Suit is required to be filed against that tenant along with prayer for mesne profits.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anish Palkar

Responded 2 years ago

View All Answers

A.Where r u located ? & where is the commercial property ? The state wise some laws are different..More details required & come through the paid query for detailed & practical answers.

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMy landlord is asking for more money
Dear Client, A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute a...
question iconNeighbor dispute
Dear Client, When the verbal request does not resolve the issue, you can serve a legal notice to the neighbour asking him to reinstall the AC outlet in other convenient places. If no development is ob...
question iconRequest for removal AC fan on common wall
Dear Client, When the verbal request does not resolve the issue, you can serve a legal notice to your neighbour asking him to reinstall the AC outlet in other convenient places. If no development is...
question iconRepair 2nd floor
Dear Client, When an eviction suit is sub-judice before a Court, you have to maintain the status quo or obtain permission to carry out renovation/repairing work in the suit property from the concerned...
question iconExcess land not in record, can it be sold??
Dear Client, It is illegal to sell the excess land without the patta papers and title deed. The excess land can be sold, only if the seller is the title holder of all the land including the excess. So...