2005-03-25 02:46:24 UTC
A piece of advice for future:
As far as renting of a house is concerned, try not to enter into a long term
agreement but go for a short term agreement called ?INSTRUMENT OF LICENSE?
valid for eleven (11) months only. It is suggested that you collect six
months rent in advance from the LICENSEE at the time of signing the
agreement. The rent for the remaining five months should be made available
by the LICENSEE to the LICENSOR before the end of the sixth month. If
he/she is unable to pay the balance at the end of the sixth month, issue
him/her a month?s notice and make him/her vacate the house. If the LICENSEE
does not agree to these terms, do not allow him/her to occupy your house.
Make sure you do not include the word ?tenant? in your agreement. Also,
avoid using the word "rent;" you may instead use the words "licensee fee."
Earlier preetam rana wrote the following:
Seeking your opinion and advise, i may not be a subscriber to the goanet but
heard a lot about it for the benefit of Goans.A friend of mine has rented a
house in Goa he is a goan , and rented it to a non goan , for the last
several months the tenant has not been paying and the tenant is threatening
the landlord that he is ready to fight in the court, the agreement says the
landlord can eithe give one months notice to the tenant or evict him anytime
shoudl he fail to pay, but the tenant is refusing to vacate.
He has even deployed security personnel inside the house. The agreement
started in 2003 and ends in 2006 , can the landlord file a criminal
complaint in the police station if so under what clause/section? Or is
there any other alternate way to get rid of such people who behave as honest
people in the begining but later are a nuisance to goa and goans? My friend
is an elderly person and he cannot run to the court as court matters
normally take years to pronounce a judgement.
Should he try what the crooks try by hiring some goons and evicting such
outsiders ? Please advise????
Thanks in anticipation for all those who will assist.
Thanks for that post.
Your advice makes very good sense. Cecil Pinto too has very sound advice re:
the goons. Don't know on WHAT basis the Police could be involved in a "civil
law" matter. If the goons actually threaten a person, SURE; other wise ?
Anyway, there is an article on the website which might interest Preetam.
It is called: Goa: House Swiping
It's at http://www.colaco.net
Look under TGF Editorials
Cecil Pinto wrote:
Hiring goons is an effective way of getting rid of problem tenants but
consider the following:
1) What if the goons then take over the property and ask for vast sums of
money to vacate? You cannot then approach the courts because you have
already committed an illegality by using muscle power to get rid of the
tenants. It's a never ending circle.
2) You say the crooks hire goons. All the crooks are currently out of power
and spending all their energies in poaching crooks from other parties by
incentives and threats. Goons are very expensive these days.
I suggest you approach the cops. Whenever there is President's Rule it is
the executive who are kings, specially the cops as there are no politicians
breathing over their shoulders with threats of transfers and demotions. In
fact this is the only viable option for you right now. All the goons have
gone undercover as their political godfathers are out of power and cannot
get them released from jail.
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