You can terminate lease for non payment of rent
2) issue legal notice for recovery of rent arrears
3)if company fails to pay file suit against the company for recovery of rent arrears
Leased property related
Dear Sir/Madam, My father has a property which he has given to a Network Company to established a mobile network tower with a Lease agreement of 15 years and monthly rent of 5500/-. now for last 2 years company has shut down their business and not paying the rent. we have tried to contact the local representative for our queries but he is also unaware about the situation. now my query is what kind of action I can take against the company. please assist. Thanks & Regards, Pintu Ghosh
Asked 5 years ago in Property Law
Religion: Hindu
11 Answers
You may send a legal notice of eviction on the ground of default in rent payment.
After the notice period you need to file an eviction suit and claim the outstanding rent in civil court.
Please be aware that court fee at the applicable rate will be required to file this suit but you may claim interest and legal charges in the suit.
1. it is not clear whether they have taken physical possession of the roof or they have vacated the same.
2. if they have vacated the premises then there is no point in chasing after them and make a new lease with another lessee.
3. if not then send them an eviction notice claiming quitting the premises and payment of arrears rent.
4. if they do not then filing the eviction suit will be the only option left.
If there is no business in position ,where is the burden of continuing the lease agreement,you try to send them a legal notice mentioning whether they want to continue that lease agreement or not.If not,ask them to remove he cell tower with immediate effect.
Send company legal notice for eviction termination of lease and for payment of due arrears if they fail to reply notice suit for same has to be filed before civil court to terminate the lease and evict the company.
File suit for recovery of possession of land and rent due till tower existed in land.
You can file a eviction suit against them. Or you can also go to nclt against him
1. Send a Legal Notice to the mobile co., at the last known address, with directions to clear all outstanding dues and to remove the mobile tower and handover peaceful possession back to you. Also publish the notice in two local newspapers.
2. AFTER above,move civil court, for directions to remove the mobile tower, citing that the mobile co. is shutdown and is absconding. Also file Police FIR, on the mobile co.
1. Did your father enter in to any agreement with that network Company before allowing it to erect tower on his prop[erty?
2. If yes, then is there any clause for terminating the agreement in case default in making the payment by the said company? Is there any clause about payment of interest of arrear payments?
3. If the Company has shut down its operation without terminating the contract, your father can file a Recovery Suit claiming the arrears payment with interest, damage and cost. The property of the Company can be sought to be attached before the case is disposed of.
4. Additionally, your father can lodge a police complaint against the MD and other officials of the said Company for cheatin your father by running away without paying the rent to him as peer the agreement.
you should issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court..
You file an eviction suit in which you can demand even the arrears of rent to be paid by the company.
An eviction suit will be the proper action in this regard since the company has defaulted in rental payments.
