Lawyer Answers
mohammad mehdi ghanbari
I understand you are in a difficult situation with a tenant harassing your elderly parents in Assam and not paying rent. Please be assured that there are legal steps you can take to protect your parents and your property, even though you are living outside of India.
Here are the options available to you:
Eviction of the Tenant
For the non-payment of rent and refusal to vacate, you can initiate the eviction process under the Assam Tenancy Act, 2021. The steps are as follows:
Send a Legal Notice: The first step is to send a formal legal notice to the tenant. This notice should demand the payment of all outstanding rent and state a clear deadline by which the tenant must pay the dues or vacate the premises.
File for Eviction: If the tenant does not comply with the notice within the stipulated time, you can file an application for eviction with the Rent Court in Assam [, web.info:6]. The court can then issue an order for the tenant's eviction.
Grounds for Eviction: Non-payment of rent for two consecutive months is a valid ground for eviction under the Assam Tenancy Act, 2021.
Protection Against Harassment
For the abuse and harassment your parents are facing, you can take the following actions:
File a Police Complaint: You can file a complaint with the local police station against the tenant for harassment, intimidation, and causing nuisance.
Protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This Act provides protection to senior citizens (persons above 60 years of age) from abuse and exploitation. You can approach the Maintenance Tribunal constituted under this Act to ensure the safety and security of your parents.
Civil Suit: You also have the option to file a civil suit against the tenant for harassment and seek damages for the mental distress caused to your parents.
Taking Action from Abroad
Since you are not in India, you can execute a Power of Attorney in favor of a trusted relative, friend, or a lawyer in India. This will authorize them to act on your behalf, including sending legal notices, filing police complaints, and representing you in court.
I can provide further detailed guidance and help you draft the necessary legal documents for a nominal fee. If you are interested, we can connect on WhatsApp for a consultation.
I hope this information is helpful. Please do not hesitate to reach out.
Solomon & Co.
1. Sending a Legal Notice to the tenant to vacate the premises.
2. Filing a police complaint against the tenant for harassment of your parents.
3. Eviction suit can be filed against the tenant.
Kindly note that these are preliminary steps basis the limited information that has been provided. The steps may slightly vary depending upon the facts and documents of the matter.
Feel free to reach out to us if you need further assistance.
Solomon & Co.
Basis the limited information provided, one can take the following legal recourse:
- Sending a Legal Notice to the tenant to vacate the premises.
- Filing a police complaint against the tenant for harassment of your parents.
- Eviction Suit can be filed against the tenant.
Kindly note that these are preliminary steps basis the limited information that has been provided. The steps may slightly vary depending upon the facts and documents of the matter.
Feel free to reach out to us if you need further assistance.
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