Problem with tenant?
in which it is clearly stated that he will trade for a particular product
now he has started trading for other product
there r chances he is going out of india
so i doubt he has subleted my property
till last month i had recd all rent through check
this month i had not recd any chq.
even electricity bill is pending
can i sue him
what is my status if he sublets and move out of country
how can judicary or govt. HELP ME..
IN EVICTION (clearing my property from his possesion)
Answers:
Seek legal opinion from a law expert and act accordingly and immediately.
I am sure that there is a proper way to handle this mater. I would go to an attorney that specialize in landlord problems such as yours.call any one and they will refer you to the best attorney for you..that way everything will be done as it should be and your tenant will not have an action against you saying that he was not given his rights.
If your rent agreement is specific and terms are in your favour, you can sue in a court. But such cases will not be settled in the court early. You have to suffer till the case is settled. As a layman, I am of the opinion that such cases must be settled out of court with the tenant. However, I advise you to consult an advocate, who is conversant with the laws pertaining your case.
If the rent agreement executed between the two of you is specific about your rights and the tenant's restrictions then it shall be easier for you to get back possession of the premises through the courts of law. But as all know the judiciary functions at its own pace. So it is advisable to take it up in steps.
First create enough pressure through the legal process on the tenant and then settle out of court. A good lawyer is a must for the process, so as to he guides you through the whole process.
Remember my friend, you are in for the long haul..
As for him subletting the premises. If there is a clause specifically restricting him, then he cannot. If he still does then you can further take him to court on this count too and charge him for breach of contract and ask & somewhat scare (very subtlly) and discourage the third party (person taking the premises on sublet) of getting unnecessarily involved in a court case.
Hopefully all the pieces shall fall in place. Best of luck!!
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