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  • Tenant not paying rent for four months and not responding

My tenant, who is occupying a commercial scape in my building has continiously delays payment of rent, i have to wait for almost four months every time to get the rent, that to after, myself repeated email him and reminding him through his staff about the rent dues. he is always no responsive and this process has been going on for more than a year. what can i do 
thank you for your help.
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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7 Answers

1.Default of making payment of rent for 3 consecutive 3months is a ground for eviction.

2. SO on this ground you can send him eviction notice.

3.However do note that if you file eviction suit on this ground and if he deposits rent in court your ground for eviction will go.

4.Hence ask him to vacate to the premises and induct a new tenant.HE SEEMS TO BE A HABITUAL DEFAULTER.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Issue legal notice to tennant to terminate tenancy for non payment of rent . Call upon tenant to pay arrears of rent

2) file suit for eviction against tenant if he fails to vacate the premises

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The police has nothing to doin this.If you go the same would be a futile exercise.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) police would not intervene as it is a civil dispute

2) issue legal notice at his Dubai address

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The payment of rental amount regularly is the vital condition in the rental agreement.

You can issue eviction notice if the tenant is defaulting the rental payment.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The police cannot help you in this regard.

You have to initiate due process of law by approaching court with an eviction suit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Concerned,

In reference to your query you have following options

a. Send a legal notice for termination of the lease agreement without further delay as post termination of lease you will be able to claim ownership for self use etc. give 15 days time to vacate.

b. Post termination - if property not vacated - you will have to file eviction and possession suit against this tenant. which may take years - this is for sure you will get your property but how soon is dependent on your lawyer and the court.

----------------------------

OPTION B

a. Send a legal notice for termination of lease - give 15 days time - If not vacated - take help from "Friends" - get into the property (take possession) put your locks on the property - The tenant may file police complaint of Trespassing - "Face it" (as you are the owner of the property you will not face much of the trouble)- Police will not take possession of property from you being a CIVIL CASE. The Tenant will have to settle scores with you to take his stuff (belongings from you).

Best of Luck

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

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