In recent times, landlords in Bengaluru have grabbed headlines for all the wrong reasons. Tenants have complained against the landlords alleging that they have a meticulous and sometimes unreasonable tenant-choosing process. Several landlords are very particular about where prospective tenants work, their educational background, salary, family history, etc. Some even go through their LinkedIn profiles for extra background checks.
A large chunk of public sympathy is with tenants. But one needs to look at the landlord’s point of view as well.
There are far too many defaulting tenants cases – where tenants do not pay rent on time, refuse to vacate the rented property after the agreement’s expiration, or breach other terms and conditions of the rent agreement. Here’s a recent case that was reported from Bengaluru.
A 60-year-old retired bank employee from JP Nagar gained control of his flat after a 4-year long court battle.
Back in 2019, the elderly man named Venugopal Mottur Padmanabhan rented out his flat on Bannerghatta Road to a couple. The husband was an interior designer and the wife was the manager of a private bank branch. The landlord was then working in Muscat.
According to TOI, the security deposit cheque of Rs 1 lakh that the couple had given to the landlord bounced. Next, after two months of their stay, the couple stopped paying rent. The landlord sent them a legal notice asking them to vacate the flat. The couple allegedly paid 3 months’ worth of due rent and offered to vacate the flat in March 2020. But then came the pandemic.
The couple kept living in the flat without paying rent, maintenance or electricity bills. In July 2021, they approached the court alleging that the landlord had sent henchmen to threaten them. A court case between the landlord and the tenants dragged till 2023. Then finally, in an order that was passed by the court on January 2023, the tenants were ordered to vacate the flat and pay the remaining of their dues.
Despite the order, the couple refused to leave the flat. The poor elderly landlord had to procure a warrant from the court and take the help of the police to drive the tenants out of his flat.
That’s not all. As headlines of this news went viral, several people on social media shared similar harrowing experiences dealing with defaulting tenants.
Deepak Shenoy, founder and CEO of Bengaluru-based Capital Mind, shared the story of how his family struggled to evict a defaulting tenant, reported Moneycontrol.
“Personally went through this…Mom went to the courthouse for two years once every two months to evict a tenant who refused to pay rent after the first month. He also filed a case saying henchmen used just like that. Had done this with other people too. It took two years to get a court order, after which it took another three months to actually evict…the fraud renter left on the last day before the cops were brought in. After that mom sold all real estate and now lives in the only house she owns. We’ve even had a piece of land taken over by goondas and then settled,” he tweeted.
Personally went through this…Mom went to the court house for two years once every two months to evict a tenant who refused to pay rent after the first month. He also filed a case saying henchmen used just like that. Had done this with other people too.
It took two years to get… https://t.co/cDTHu1DsGq
— Deepak Shenoy (@deepakshenoy) July 25, 2023
A few others also shared stories of having gone through the same.
I can truly empathize with you. My parents also lost 1.5 years worth rent, by a rouge tenant who would not pay nor leave, citing COVID phase. After my mom cried begging them to leave, did they budge and go. Did not get the money though. We were thankful that we got the room back.
— Siji (@downtownmumbai) July 25, 2023
So true. We have left two of our flats vacant for more than three years because of this reason. Either way, real estate CAGR has been around 4.5% for the most part in India and does not make sense when compared to other assets.
— The Money Memo (@themoneymemo) July 25, 2023
My Dad spent 23 years (1982-2004) on a House court case before he just gave it away for mental peace- cost him 4-5x of the property value and lost years and cost his health and job issues.
— Satish 🇮🇳 (@bombaylives) July 26, 2023
I’ve personally faced something like this, finally after eviction that tenant went around indirectly threatening to plant drugs and what not. I kind of understand why landlords in india generally use more caution than necessary which is better
— Shaheena Attarwala شاہینہ (@RuthlessUx) July 25, 2023
My dad faced this 3 times!
One case took 20yrs (1996-2016),
another took 6yrs 2004-10,
last one took 3yrs late 2007-2011.ALL of them without the tenant having literally any legal documents of any merit whatsoever.
Biased👨⚖️⚖️-Caused financial debilitation + cascading effects.
— Bhavin Tolia (@BhavinTolia) July 25, 2023
Perhaps landlords aren’t being unrealistic in making the demands that they do. Maybe they are just trying to protect themselves and their families from defaulting and vile tenants.