Sir my father has individual house in Kota which he gave on rent to a divorced Muslim lady on 11month agreement. initial she gave rent n elect bill on time but after few months she gave rent 3 months late told money problem . She had two sons. One drives auto which was her earning source but tat son got fixed in murder with three others n went to jail so she din gave rent n told I m in problem my son is not culprit he is innocent on humanatrain ground my father also gave time ,as on date it's almost one year she has not given rent (6000/- permonth) elect bill(40000/-) every time we ask for bill she give one date and on tat date she again show ascuses n ask for new date my father is innocent he din cared but it seems matter is complicating now please do help. Besides lady gave post-dated cheque now date expired n had written on plain paper abt total rent n elect bill signed by lady .
1. Default of paying rent for consecutive 3 months is a ground for eviction.
2. The requirement of the premises for personal use of the landlord is also another ground for eviction.
3. So if the tenant is not letting the premises vacated or paying the rent you will have to first send hima notice of eviction.
4. If after expiry of one months the tenant does not vacate the premises then file the suit for eviction.
5. So meet a lawyer ad do the same asap.
1) issue legal notice to tenant to vacate premises on account of non payment of rent
2) if tenant does not vacate premises file eviction suit and claim rent arrears and other dues payable by tenant
1. you should serve a notice on her to payment of all dues and vacate the house.
2. when she disobeyed that notice then approach the court of small causes for eviction and recovery of dues.
3. it is proved that she is a tenant and also she admits that how much rent and electricity bill are due. so she cannot refuge before the court.
her assertion however on plain paper is a good piece of evidence and also admissible under section 21 of the evidence act. if she tries to refuse it she shall be stopped by the court under section 115 of the evidence act. you should initiate proceeding against her
Hi, fist you have to issued legal notice ask her to vacate the property. If she does not vacate the property then you have to file suit for eviction.
1. Default in payment of rent by a tenant is a ground for his eviction. So your father can file a petition for his eviction in the rent tribunal under Rajasthan Rent Control Act, 2001.
2. In your petition you can also claim the arrears of rent.
Do you want to evict the lady or get back the arrears of rent or both?
First send a legal notice to her and asking the total arrears of rent and electricity bill amount. Also indicate to evict the premises within 7 days from date of receipt of the notice. if tenant does not vacate premises file eviction suit file before rent control court on the ground of arrears of rent .meet a local lawyer.
A. Issue a legal notice to pay arrears rent including electricity bill and highlight eviction consequences.
B. Present cheque before the bank towards rent arrears and electricity bill. In case no sufficient fund, you can file a criminal case under section 138 of Negotiable Instrument Act.
C. You can file an eviction suit before the Court under the non payment of Rent and Electricity Bill. But you need to submit Rental Agreement which shall have sufficient stamp duty and term of the rent shall be existed.
You should give an eviction notice instructing her to vacate the property as she has defaulted in rental payment and hence she is not eligible to stay in the property as a tenant anymore. You can demand arrears of rent in the same notice.
If she do not comply with the demand made, you may file an eviction suit on the same grounds.
