• Tenant not paying rent

I am working in Mumbai and I have rented my 2 BHK appartment since Nov-17. but after the first rent the tenant is sowing the irregularity for paying the rent, even in the month of march-18 she has told me that she will quite my appartment as she no more able to pay the rent decided. and we mutually agreed that the pending rent of 02 month should be recovered by deposite given. now the deposite is over and now shw is denying to leave the property untill she get the new one and even she is not trying to search the new appartment for her family. 

she is neither receiveing my call nor she allowed enter my friend, relative and broker inside the appartment.
Asked 6 years ago in Property Law
Religion: Hindu

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28 Answers

Is there any rent agreement? If yes, send her legal notice terminating her tenancy through lawyer. From the date of receipt of notice, she will be in illegal use and occupation of tenancy and has to pay damages even if she leaves the appartment and in that case she would be in dominating position.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

1) issue tenant legal notice to vacate premises for non payment of rent

2) if she refuses to vacate file eviction suit against her

3) seek arrears of rent

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

Dear client

By engaging a lawyer you should Issue a legal notice to the tenant for eviction of your property by giving a week time.if the tenant not responded with in the week then file a eviction suit in the compotent court and prey the court to appoint a police force to evict the tenant.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

1. The default of payment of rent is for consecutive 3 months then you can file a suit for his eviction on this round.

2. Moro ever to enhance the merit of the suit you can bona fide requirement of the suit premises as additional ground for the suit for eviction.

3. So you have to either wait for his good sense to prevail so he quits your house or file a suit for eviction as advised above.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Dear Client,

Issue her legal notice for vacation of house for default on paying rent. Still she not, file eviction suit in rent control.

https://timesofindia.indiatimes.com/city/nagpur/Tenant-not-paying-rent-liable-to-hand-over-property-HC/articleshow/18665719.cms

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. First try to reach her out and request to vacate.

2. Make your requests in writing or through email or through SMS

3. If no positive response then simply file a police complaint against her for criminal trespass with the complaint letter marked to her

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

- If the tenant does not pay the rent or does not pay it in time the landlord can impose fine on the tenant , deduct the rent from the deposits , reject the renewal of agreement /tenancy period and finally evict the tenant .

- If the tenant has not paid the stipulated rent for more than 15 days after the due date, and such non-payment is willful, the landlord shall notify the tenant. If the debts remain unpaid, request eviction order.

Since, your tenant is not paying the rent and further denying to leave the property then,

- You should sent her a legal notice for terminating her tenancy on the ground of non payment of rent and also ask her to pay the arrears of rent.

- If she failed to response your legal notice , then you should file a suit for eviction with the prayer of arrears of rent and damages.

Sure, you will get relief from the court

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Just send her a notice for the payment of outstanding rent and evict her as per the rent agreement. If there is a security deposit you may adjust the outstanding amount from the deposit.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Serve the lady with the legal notice to immediately leave hand over the possession to you as she has not paying rent and you require the premises for your own use.

If After notice she does not vacate the premises file eviction suit in the city civil court Ahmadabad for eviction and for recovery of remaining rent arrears,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

Send her a notice for eviction from the said property that belongs to you.

and if she does not vacate the premises then file a suit for eviction on the ground of non- payment of the rent.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If the agreement of settlement of due rent from the security deposit  is in writing then tenant is bound to vacate the property without producing any other evidence. If it is oral and you have some evidence to prove that tenant was given his consent for this settlement thenhe is also bound to vacate the premises. In both conditions you have to file a complaint before the rent controller for eviction of the tenant. It is golden rule of trust, equity and good conscience that tenant should not be evicted unless he gets any other suitable premises. If there is any written or oral agreement between the tenant and landlord about eviction then the above said rule will not apply and tenant is bound to vacate the premises.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi,

You are suggested to send the legal notice asking the rent and then file a case of eviction, if the rent is not paid to you.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

A. You may issue a legal notice to the Tenant to pay the rent due and vacate the premises by giving 15 days time for vacation. Moreover, check the Rent's Agreement terms and Condition towards non payment of rent and its effects.

B. Subsequently, if the tenant fail to vacate the premises, you can file case for eviction before the Jurisdictional Court and the Court will issue a summons to your tenant to attend before the Court and dispose the case if you established tenant's rent default.

C. Per Contra, you need to be very careful before approach the Court that your rent agreement must have sufficient stamp duty in case the terms of the rent agreement is coming below one years. Perhaps, if the rent terms exceeds more than year that is required to be registered before the Sub Registrar office. Unless paid the sufficient stamp duty or register the same as per the above required in the eyes of law, the court never allow the eviction application due to this error. Suppose, if any lacuna found, you need to duty and penalty as stipulated in the stamp laws.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

An eviction notice is the first legal action that should be taken to remove your tenant. If the tenant fails to comply with the notice, you may file a case for eviction of the tenant by filing a suit in the relevant court. In reality the tenancy laws in our country tend to be tougher on the landlord than the tenant. Consequently, there are limited reasons for which a tenant can be evicted, but in your case there are several grounds. These reasons may even be different depending on the state you are living in. However, there really is no harm in serving an eviction notice upon your tenant.

Your eviction notice should be to the main points. It should also stick to the facts, or your tenant could end up using your own notice against you.

Therefore engage a lawyer and send a notice to your tenant.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Please let us know is there an agreement for lease entered between you people if yes then send her llegal notice to vacate the home premises.

If she fails file a suit for eviction and seek for arrears of rent which has been not paid by her.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Firstly, give her notice under section 106 of Transfer of Property Act.

Secondly, then wait for 15 days.

Thirdly, if she doesn’t comply to your legal notice then file a case before rent tribunal to als her to vacate the flat.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1) if the tenant does not have money then they should vacate the premises

2) issue legal notice and take eviction proceedings as advised

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

Sir they are not bonefide donot worry the law is not tenant favoured law safeguards rights of both tenant and landlord and nobody can misuse it.

Also the tenant is healthy and can work it's not your prerogative to provide her shelter if she donot have money it is prerogative of state she cannot force you to let her reside. Court can provide just a grace period but your rights won't be violated.

Give her a eviction notice for strict compliance and if she doesnot fact on grounds mentioned above that rent is not paid and your require for your parents use file a eviction suit. The court shall grant you relief.

This is no excuse she donot have money she cannot violate your right and misuse law. She can arrange alternative accommodation if she is not able to pay rent you have purchased property from your hard earned income.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Law goes by what is mentioned in the stature, It does not go by emotion especially in civil suits.

2. So if he has nothing to survive he will have to quit your place for default of payment of rent. There is no other legal recourse.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Your question: Even I go with a legal procedures but what if they told that they dont have money to survive and hence they are unable to pay the rent?

Answer: It is still not a valid excuse by them. They must vacate the premises as soon as they are unable to pay the rent.

The best options available to you are as follows:

1. Issue a eviction notice sent by a lawyer;

2. If they are still using abusive languages, make sure you collect the evidence oral or written and file an FIR in the nearest police station;

3. The police will definitely go to this premise and they have to open the door and be answerable to you and the polcice;

4. You can then approach court as a method of last resort, but before that start with the legal notice.

5. It is advisable to take legal action, so that it proves your civil approach to reclaim your own flat.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

As i said, it is not court look out, if they don't have money, they have to vacate the house, also on the basis of bonafied need ( medical condition of father ). Court will order eviction.

And where tenant is at default no such law available to aid tenant. Proceed without hesitation.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. No person can be evicted from a premises without following due process of law.

2. I strongly suggest you make a police complaint against your tenants for criminal trespass and threatening.

3. There is civil remedy of filing a Licensee Eviction Suit but that is not a speedy remedy.

4. If the police co-operates with you then great, if no, go for a licensee eviction suit. If you dont want a suit then strike out some deal with your tenants.

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

The default in rental payment is a strong grounds and reason for evicting the tenant from the property.

You may issue a legal notice to vacate the property citing that the non-payment of rent as a reason.

After that you can file an eviction suit on the same grounds i./e., willful default.

Though it may be time consummating but that is the only option before you to initiate legal action against the arrogant tenant.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

even I go with a legal procedures but what if they told that they dont have money to survive and hence they are unable to pay the rent? I also gave them a offer that if they evict the appt. immedeatly before the deposite gets over I will help them by paying half of the first rent of another property. but that lady wants to live in posh areas only (with free of cost)

You cannot wait for them to come down for an amicable settlement hence you may better send a legal notice demanding them to vacate the rented premises for default in rental payments as well as that you require the premises for your own use.

After that you may file an eviction suit immediately.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You send them legal notice secondly if they have abused or threatened you lodge complaint with jurisdiction police.

File a suit for eviction with arrears of rent they will be directed by court to live premises. A tenant has no right to claim ownership as such your notion that law is favouring tenant is wrong.

Whether they have money to survive or not they cannot stay in your premises illegally without paying rent.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Show the necessary proofs in the court.

Definitely u will win

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

Send a legal notice to her and file a eviction suit asap. She will vacate the Same.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hi,

As suggested you send a legal notice.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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