hi... i have a flat in thane and its been on rent fro 6-7 years ...we are executing the contact every 11 months ..is it ok to keep the tenant fro so long or i need to change the tenant... or he may claim the property if there any law like that

Ans: Gather Evidence: Collect all documents related to the flat purchase, including the agreement, possession date promises, and any correspondence about delays or compensation.
Send a Legal Notice: Clearly outline the breach of contract, the promised compensation, and demand payment.
Consider Mediation or Arbitration: If direct negotiation fails, explore these options to resolve the dispute.
Consult a Lawyer: Seek professional advice to understand your legal rights and options, including potential litigation.
Act promptly as there might be time limitations for legal action.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: I'm sorry to hear about the difficult situation you're facing. Dealing with a tenant who is uncooperative and has disappeared can be quite challenging, especially when urgent medical needs are involved. Here's a step-by-step approach to handle the situation effectively:

Understanding Your Agreement
Firstly, review your rental agreement thoroughly. Pay special attention to clauses related to eviction, notice periods, and tenant obligations. This will guide your actions and ensure you remain within legal boundaries.

Sending an Eviction Notice
Given the tenant's behavior and your urgent need, issuing an eviction notice is the right step. Here’s how to proceed:

Draft the Notice: The eviction notice should be clear and precise. Include the following details:

Tenant’s name and address
Reason for eviction (e.g., non-payment of rent, breach of contract)
The date by which the tenant should vacate the property
Reference to the specific clauses of the agreement being violated
Signature and date
Legal Considerations: In India, a minimum notice period is usually stipulated in the rental agreement. If not specified, a 30-day notice is typically considered reasonable. However, consult with a lawyer to ensure compliance with local laws.

Serving the Notice
Personal Delivery: If possible, deliver the notice personally. Ensure you have a witness present during delivery. This could be a neighbor or a friend.

Registered Post: If personal delivery is not possible, send the notice via registered post with acknowledgment due. This ensures there is a record of delivery.

Legal Recourse
If the tenant does not vacate after the notice period, you may need to initiate legal proceedings. Here’s what you can do:

Consult a Lawyer: Engage a lawyer who specializes in rental disputes. They can guide you through the process of filing an eviction suit.

File a Case: The lawyer will help you file an eviction suit in the appropriate court. This process can take time, so it’s essential to act promptly.

Court Order: If the court rules in your favor, they will issue an eviction order. The police can then assist in evicting the tenant if necessary.

Handling the Locked Flat
Given that you don’t have a duplicate key and the tenant is unreachable, you may need to take additional steps:

Legal Permission: Before attempting to access the flat, get legal permission. Unauthorized entry can lead to legal complications.

Police Assistance: If you have a court order, the police can assist in gaining access to the flat. They can also help ensure that the process is smooth and without conflict.

Addressing Urgent Medical Needs
Since your father’s medical needs are urgent, consider alternative financial arrangements while the eviction process is underway:

Loans: Explore options for a personal loan or a medical loan. Many banks offer these with quick disbursement.

Family Support: Seek financial support from family or friends temporarily until the property is sold.

Insurance: If you have any health insurance policies, check if they cover the medical procedures required.

Future Precautions
To avoid similar situations in the future, consider these precautions:

Tenant Screening: Conduct thorough background checks on prospective tenants. Verify their employment, check references, and ensure their credibility.

Clear Agreements: Ensure your rental agreements are clear and legally sound. Include clauses for regular inspections and maintenance visits.

Duplicate Keys: Always keep a duplicate key for the flat. This ensures you have access if the tenant becomes uncooperative.

Genuine Compliments and Empathy
Your proactive approach to solving this issue is commendable. It’s not easy to handle such stressful situations, especially with urgent medical needs. Your concern for your father’s health shows your dedication and love.

Final Insights
Handling a difficult tenant requires patience and legal guidance. Issue an eviction notice, consult a lawyer, and follow legal procedures to regain possession of your flat. Simultaneously, explore financial options for your father’s medical needs. Being proactive and seeking professional help will ensure a smoother resolution.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in

Ans: Your situation is quite complex and involves multiple legal and personal factors. Here are the key issues you are facing:

Non-receipt of rent compensation from Hindva Builders since September 2019.
Hindva's reluctance to pay rent arrears despite assurances.
Possibility of selling your entitlement for fair compensation.
The involvement of MS Realty as a financial partner.
Steps to Address Non-Receipt of Rent
Document All Communications
Keep a detailed record of all communications with Hindva and MS Realty.
Note dates, times, and content of calls, emails, and meetings.
Legal Consultation
Consult a Certified Financial Planner (CFP) or a legal expert specializing in real estate and tenancy issues.
They can provide tailored advice and help draft legal notices.
Issue a Legal Notice
Send a formal legal notice to Hindva Builders and MS Realty.
Clearly state the non-payment of rent arrears from 16-Sep-19.
Mention the repeated verbal assurances and the financial and emotional distress caused.
Engage with a Tenants’ Association
Join or collaborate with the tenants’ association if possible.
Collective action can strengthen your position.
Pursuing Fair Compensation for Sale
Property Valuation
Obtain an independent valuation of your 641 area from a certified property valuer.
Ensure the valuation reflects current market conditions in Kalina, Mumbai.
Legal Advice on Sale Agreement
Seek legal advice to review any sale agreement proposed by Hindva or MS Realty.
Ensure the agreement includes fair compensation and clear terms for payment.
Negotiation
Use the independent valuation to negotiate with Hindva and MS Realty.
Aim for a transparent and fair settlement.
Additional Steps for Assurance
Verify Other Tenants’ Experiences
Confirm with other tenants who have sold or received compensation.
Understand the process they followed and the terms they agreed to.
Advocate Support
Consider engaging a local tenants’ rights advocate or NGO.
They can offer support and additional resources.
Final Insights
Your patience and perseverance in dealing with this situation are commendable. Given the complexity, professional legal and financial advice is essential. Act promptly to safeguard your rights and ensure fair compensation.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner,

www.holisticinvestment.in