• 11 months rental due from tenant

Hi iam from Tamil nadu i have let a commercial property for lease ,I want my tenant to vacate my commercial property since rental due is for11 months,he is not able to pay rent on time, how long will it take to get eviction order from honourable court,during case will tenant pay the rent at court or to lanlord??plz guide me in this concern..
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

1)issue legal notice to lessee to vacate the premises for non payment of rentals

2)if lessee fails to vacate premises in spite of lease being terminated file eviction suit

3) disposal of eviction suit would depend upon pendency of cases in small causes court

4) it would not take more than 5 years

5)lessee can deposit arrears of rent in court

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Well, if the tenant does not leave the tenanted premises then suit for eviction remains only option.

2. For this you are required to first send a notice of eviction and then file a suit for eviction against him.

3. The suit for eviction does take time which varies from state to state.

4. The average time in WB for such suit is around 7-8 years.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

tenant can pay the rent to the landlord either by sending the same by money-order or by depositing the same in court in the litigation already pending.

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. You have to file a petition for eviction of your tenant under the rent control legislation in force in TN. In your petition you can also claim the arrears of your rent with interest.

2. If the tenant does not pay the rent on the first hearing after assessment then he will be liable to be evicted.

3. It takes time in the court, around a year or thereabout.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If tenant fails to pay the rent he will treated as willful defaulter. You have to send quit notice to your tenant under Section 106 of TP Act by giving 15 days clear time for eviction and payment of monthly rent due and mesne profit. If still he did not vacated you have to file suit for eviction and recovery of possession and rents due etc., he has to pay rent to you or to deposit in your bank account and you have to provide your bank detailed. if he is defaulter by the time of filing suit you can seek attachment of his movables properties before judgement. You have to provide your band account details showing your willingness to receive amount otherwise the rent will be deposit in court case account.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

If the tenant has defaulted in the rental payment, you can issue notice demanding the rental amount and the arrears of rent and also you can instruct him to vacate the premise for the same reason.

If The tenant is not complying with the demands made, you may file an eviction suit.

The time taken for disposal of suit cannot be predicted due to various facts involved in it.

The tenant will not come forward to pay the rent in the court too since he has not bothered to pay the rent for all these 11 months, however, if he pays it , you may accept it.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

as per law during the course of eviction trail should the tenant pay rent or not if yes to whom he should pay the rent? is it to the landlord or to the court??

Whether during the pendency of case in court or not, the tenant is bound to pay the rent for the premises occupied by him till the date he vacates the same.

The court is not the landlord that he has to pay the rent to the court, he has to indicate payment of rent to you before court, and only if you refuse to accept the same, the court will pass an order to deposit the same in the court deposit,.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer