From: "domnic fernandes" <[EMAIL PROTECTED]>
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."
Moi-mogan, Domnic Fernandes Anjuna/Dhahran, KSA
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.
Preetam
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Dear Dominic,
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
good wishes
jc
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Cecil Pinto wrote:
Dear Preetam,
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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