A tenant has been staying in my parents property
10 months ago
A tenant has been staying in my parents property from more than 10 years. Unfortunately we dont have a rental agreement in place as there isnt the trend of rental agreements that time in Visakhapatnam, Andhra Pradesh. Both my parents are disabled. He is taking advantage of their disability and hasn't been paying rent for 4 years now(right after my mother got disabled). Now, when we have put the property for sale, he isn't vacating the property saying he has invested in getting the walls painted, maintaining the house and he is also demanding us money despite not paying rent for over 4 years. He was also threatening to vandelize the property if any buyers come to see the property. I have registered a complaint on him in a near by police station but there isn't much to effect.
What should be my next step to get him to vacate the property at the earliest? He is really giving a lot of trouble to my parents and taking advantage of their disability to go and catch him while he is at home.
In the absence of any written agreement or contract permitting a tenant to stay in the property for long 10 years based on trust and on denial to vacate the property caused a breach of trust. In the given circumstances, to get back the property from unauthorized possession the tenant you need to file a civil suit for eviction of the tenant from the property which is under his unauthorised possession and simultaneously file a criminal suit against the tenant claiming damages for criminal trespass for entering the premises of other with the wrongful intention of committing damage to the property which is tortious liability under the law of Tort. But before nocking the door of court you may serve a legal notice which may work.
So reach out to an Advocate for guidance and steps. In case you need any assistance in the matter you may contact our legal team with all your relevant papers.
You have to file eviction suit if you are unable to get it out of the Court. You may get issue a legal notice as it is purely civil matter.
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