House lease problem
7 months ago
We have left a family for lease in our house. They were there for nearly 10 years and they have built a house and shifted. We have collected 1lakh for the first time and another 1 lakh for the upcoming years. They are asking their lease amount. The catch is there is a loan pending against the house and we were having a shop in the bus stand. We aren't having shop right now as the bus stand is under reconstruction. We have informed them that they will be given their money but not now as we are in shortage of money. We have also given them nearly 60,000 in the bits of 5,000 per month. A new client asked us for house rent and we agreed. But while shifting the things of the new client to our house the old family had blocked us and informed us to pay the remaining amount fully. We also informed them that the advance amount shall be given to them and 5,000 will also be given per month. They have entered our house without our permission and started to block the new client in entering the house. They have started to shout to give back their money. The time was nearly 9:00pm. It was untime and they had destroyed our family image in the street. They have damaged our self respect. They have filed a case against us for opposing them as they were blocking the things of new client while shifting. Also all of their family members can speak of the issue but they are telling us only our grandmother could speak of the issue to which my mother had opposed it and they also filed a case against my mother and my grandmother .Actually the name given in the case of my mother is fake. My mother's original name is Vijayalakshmi but they have given as Asha. The inspector has said to hand over the key to them and also a four month time to pay the money. I am just asking who are they to block us? It's our property. We are also in shortage of money. We have also informed them that we will be giving them 5,000 per month and also the advance amount that the new client will be giving. They want the remaining amount fully and then only they will let the new client enter the house. Can we take any legal action against them?
In general, when a tenant vacates a property, it is important to follow the legal process for eviction and collection of outstanding dues. If there is a lease agreement in place, the terms and conditions mentioned in the agreement would govern the rights and obligations of both parties.
If the previous tenant is demanding the remaining lease amount in full before allowing the new tenant to enter the property, it may be advisable to review the lease agreement and understand the terms and conditions regarding refunds, security deposits, and outstanding dues.
If the previous tenant has caused damage to the property or has illegally entered your premises, you may have legal recourse. It is essential to gather evidence such as photographs, videos, or witness statements to support your case in court.
Thank you.
From the query, it is not clear what type of case or suit your earlier tenant or lessee has initiated against you to resolve their grievance. It may be noted that if a term of the lease agreement says that at the time of vacating the leasehold premises, the advance taken by the lessor shall be refunded at a time, then being lessor you are duty-bound to comply with the said terms of the agreement, so it is presumed for breach of contract or agreement you tenant filed a civil suit for specific performance before the Civil Court for recovery of said advance. As regards the objection and blocking the new tenant from taking possession of the leasehold premises, you may take legal action against the tenant who committed a public nuisance. filing a criminal suit under Sec.268 IPC A person becomes guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity. So, you need to consult with an Advocate for guidance and steps
If you have taken money from them with an agreement to return their money then you will have to return the money. Was there any written lease agreement? If yes then you can invoke the clauses under that agreement and take legal action. If not then you are not left with much choices.
Filing a civil case will not yield much as that will take a lot of time to give you any result.
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