landlord sold us the house w/o vacating tenant, what do we do ? please advice.. thanks in advance.?

Question

hi, we bought a house from a friend of ours, we live abroad and since we trusted him, we dint even see the house before buying. now everything is done and we got our deed, but it turns out that there is a person renting the house we brought and he is still paying his old landlord, which is the person who sold us the house. his lease is valid until november. and he has paid advance money to our friend. we were shocked to learn this, when we asked our friend to remove the tenant he asked us for more money and refused to pay the advance money paid by the tenant. the tenant wants us to pay the money after learning that we ve bought the house. meantime our friend(no longer a friend ofcourse) has told his tenant that he cannot enter into any agreement with us in his absence, clearly trying to make us pay him more money.
what do we do ?
please advice. thank you.

Answer 1

The lease is valid, there is nothing you can do to void it.



BUT the rent is yours (you also bought the lease with the house), and you can sue your "friend" to get it. You can also sue your "friend" for all other costs and troubles.



Your only way to get the tenant out is if he agrees to get his money back PLUS a fee for his troubles (but you can't force him), don't blame the tenant. Again: you can sue your "friend" for all the costs of paying the tenant to move out.



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By the way, your "friend" can't remove the tenant; the tenat have a legal lease; if your "friend" asked for MORE MONEY it's just another scam.



EDIT



It's also false that you can't enter into any agreement with the tenant; you own the house and the lease. Your old friend landlord-tenant relationship with the tenant is OVER from the moment he signed over the deed. Obviously this person is a con-man or a very ignorant person.



Call police is he trespass, and get a restraining order to keep him away from your property (the house, the tenant, and the lease are "YOURS" now). Remember: it's "your" tentant not "his" tenant any more.



The old landlord have only right to "old rent" debts; BUT he has NO right to present and future rent.



THE LEASE AND THE RENT ARE YOURS, so don't forget that.



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Since obviously you don't know much about this legal matters, get a lawyer expert in tenant's laws and civil lawsuits as soon as possible.

Answer 2

While answering your query I am assuming that the Rent Amount Per Month is more than Rs.3500/- which makes your matter to come Under the Transfer of Property Act Which is applicable throughout India except for the State of Punjab; if the rent amount is less than Rs.3500/- Per Month than this matter us under regional Tenancy Laws like Delhi Rent Control Act.



So assuming that your matter is under Transfer of Property Act[TPA Act]- I will say that you should had done proper inquiry before buying an immovable property -- Section 3 of the TPA Act states that every buyer should be deemed to have all knowledge about a property which can come to the eyes of any normal "inspecting prospective" buyer.-- So, though legally you can very much prosecute your NOT-so friend for fraud under Section 420 of the Indian Penal Code-- but this defence will not work against the tenant as he was not a party to that transaction.



Under the provisions of the TPA Act even though the lease deed with the old landlord has not expired -- but still law [TPA] says that when the title[ownership] of the property is transferred than the rent receiving right ALSO gets transfrred. -- so from the date of buying that property the right to RECEIVE the rent belongs to you and you have legal right to receive that along with amount for mental harassmnet from that chap.



Solution to your Problem-- Lies in sueing the tenant for evincting the property and also prosecuting the Not so freind under Section 420 IPC -- this will work as you you will be banging upon both of them in seperate suits which will not enable them to combine against you in the Court of law.



Many times police is not helpful in India espacially in property matters --- and in that case your solution will lie in Section 156[3] of the criminal procedure code which enables the Court to direct the police to register an FIR against one or more persons if the polcie is refusing to do so.



and

Answer 3

You must evict them legally. Then the so called friend will be in breach of contract with them. You could also take action against your so called friend for defrauding you. Its called theft by deception. The only problem is that the tenants may destroy your home if you dont go about it in a orderly manor. Its not the tenants fault. So make sure to treat them with respect.

Answer 4

Did you not use a lawyer to handle the closing of the purchase? He should have ensured you had vacant possession, or that you knew of the tenant.



You will NOW need a lawyer to protect yourself from the tenant AND your ex friend.

Answer 5

The renters lease is valid until November and there is nothing you can do about that. Sounds like you and your friend will be in court later.

Answer 6

The lease is valid until Nov. seeing that the rent is paid. I am sorry but your 'friend' stiffed you. Take HIM to court.