Issue with tenant and Society
2 years ago
My tenant was Facility manager in the same society where we have flat and is currently undergoing police investigation for fraud of society funds under section 420, 467,468 and 471. He has not paid rent and electricity charges for last three months and his one month agreement termination notice expires on 5th Nov. The society is not allowing him to take his belongings out of society and claiming confiscation of his belongings due to ongoing police investigation. Can they legally do it? Society members are using us to get his belongings confiscated. We are not living in India. As owner, if we invoke provision of Possession clause in the rent agreement and get our flat vacated and remove his belongings what legal paperwork and legal procedure we should do to protect our interests and get our flat lawfully vacated. Tenant is unreachable and hiding due to police investigation. What are my legal options against tenant and against society which is not letting tenant collect his belongings.
A.Dear Sir,
You may get issue a legal notice to the tenant to vacate and if he left any important documents same may be handed over to the Police.
If your tenant has not paid rent and electricity bill to society then they can confiscate his belonging and if fraud is related to the society working then they also has right to keep his belongings. As a owner of the falt you can invoke your contract terms but again if it is a fraud related to society members decision has weightage.
Thank You.
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