• Tenant not paying

I have a tenant who runs a medical diagnostic center in my commercial building. He has not paid rent for the last 5 months, not paid water and power back up charges for almost 2 yrs. He has also not paid TDS he has been deducting to the government. When he stopped paying rent citing business losses he gave notice he is vacating and to adjust against deposit. I believe he has rented another property close to mine which is smaller and cheaper. I sent him a legal notice outlining all the payments due which exceeds the deposit. He owes me Rs. 50,000 for utilities, Rs. 2.5 lakhs for TDS not paid and any charges for any damages done to the property or bills not paid to authorities. So about 4-5 lakhs owed which is more than the deposit. The agreement is registered.

In reply to my legal notice he did not address any of these charges and instead said I had sent anti-social elements to extort money and other baseless allegations and demanded 25 lakhs in damages

He is going to hopefully vacate in 4-5 days. How do I recover this money?



1. Can I stop water and DG services? Any legal implications.

2. Can I lock the front door, seize his properties and demand payment? How do I do this?

3. Is the only option available is to file a case? I do not want this option because it means waiting for a long period and lawyers getting involved.
Asked 5 years ago in Property Law
Religion: Hindu

14 answers received from multiple lawyers

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14 Answers

You have to sue tenant to recover your dues with interest 

 

2) you cannot stop water and electricity services as it is an essential service 

 

3) you cannot seize his property, lock the door 

 

4) your only option is to sue the tenant to recover your money 

Ajay Sethi
Advocate, Mumbai
94912 Answers
7570 Consultations

5.0 on 5.0

1. You will have to file a suit for recovery of money in the competent civil court to recover the principal amount with damages and interest apart from cost of litigation.

2. You cannot stop water and DG services.

3. By no stretch of the imagination you can lock the door and seize his properties as you have no lien on his properties. If you do so you will be guilty of theft and criminal intimidation. Avail your remedies before the civil court to recover the dues.

4. Even now you have involved lawyers by seeking legal advice. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. it is not clear whether you have separate system to exact electricity and water cahrges or not by separate meter reading or bay another means. if that is there then you can stop supply of that services . Else you can stop paying the such charges so the supply authority disconnect the supply on its own.  

2. No, this illegal act for which FIR can be registered against you and you can be even out behind bars.

3. Yes, send eviction notice and file an eviction suit apart from ding what advised above.

Devajyoti Barman
Advocate, Kolkata
22865 Answers
492 Consultations

5.0 on 5.0

1. No donot stop service of any essential supply file a suit before civil court to recover the dues after he gives possession to you.

2. Since he is in the possession you can lock his belongings to take your payment 

3. Yes only option to file suit and recover amount you cannot use illegal means to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to send her eviction notice and if not evicted then file eviction suit

Prashant Nayak
Advocate, Mumbai
32060 Answers
183 Consultations

4.1 on 5.0

You are getting the electricity and water bills in your name since the connections have been obtained in your name, you being the owner of the property. But that does not give you a legal right to get the connections cancelled when the tenants are still there. If you have any issue with the tenants you have to sort it out through the due process of law i.e. by approaching appropriate court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  Dont do that if you expect him to vacate the premises in short period.

2. This also would an illegal act.

3. If you want proper solution then you may have to aproach legally to this issue even if it may take long time for disposal. Any other step taken in this regard may prove fatal to your own case.

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

You can file eviction suit in civil court or other competent authority as per the agreement.  If you lock him he will get a legal point against you to file criminal complaint.  

Prashant Nayak
Advocate, Mumbai
32060 Answers
183 Consultations

4.1 on 5.0

You cannot lock any  door front or back.

You have sent a legal notice through an advocate, why dont you contact the same advocate for filing an eviction suit through the same advocate.

That is the follow up action in this connection.

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

You need to approach the court and file an eviction suit engage a local.advocate and file the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you should approach to Rent Control Court to get your property vacated by the tenant. You have to file an eviction petition against the tenant. Collect all the proofs and evidences related to your property and consult with a lawyer who can help you to file a case under Rent Control Act or Transfer of Property Act.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File suit for eviction against tenant in small causes court in Bangalore 

 

claim arrears of rent 

 

you cannot take law into your hands by locking the front door 

Ajay Sethi
Advocate, Mumbai
94912 Answers
7570 Consultations

5.0 on 5.0

Dear Sir,

There is no alternative than to file a eviction suit against him and for recovery of the amount of arrears. Secondly you may get attachment of his assets as security under the following procedure of law.

=================================================================================

Code of Civil Procedure, 1908

ORDER XXXVIII : ARREST AND ATTACHMENT BEFORE JUDGEMENT

Attachment before judgement

  1. Where. defendant may be called upon to furnish security for production of property

    (1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,-

        (a) is about to dispose of the whole or any part of his property, or

        (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court,

the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy, the decree, or to appear and show cause why he should not furnish security.

    (2) The plaintiff shall, unless the Court otherwise directs specify the property required to be attached and the estimated value thereof.

    (3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.

    10[(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule such attachment shall be void.]

  1. Attachment where cause not shown or security not furnished

    (1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached.

    (2) Where the defendant shows such cause or furnishes the required security, and the property specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or make such other order as it thinks fit.

  1. Mode of making attachment

Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.

11[8. Adjudication of claim to property attached before judgement

Where any claim is preferred to property attached before judgement, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claims to property attached in execution of a decree for the payment of money.)

  1. Removal of attachment when security furnished or suit dismissed

Where an order is made for attachment before judgement, the Court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the cost of the attachment, or when the suit is dismissed.

  1. Attachment before judgement not to affect rights of strangers, nor bar decree -holder from applying for sale

Attachment before judgement shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of such decree.

  1. Property attached before judgement not to be re-attached in execution of decree

Where property is under attachment by virtue of the provisions of this order and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary upon. an application for execution of such decree to apply, for a re-attachment of the property.

12[11A. Provisions applicable to attachment

    (1) The provisions of this Code applicable to an attachment made in execution of a decree shall so far as may be, apply to an attachment made before judgement which continues after the judgement by virtue of the provisions of rule 11.

    (2) An attachment made before judgement in a suit which is dismissed for default shall not become revived merely by reason of the fact that the order for the dismissal, of the suit for default has been set aside and the suit has been restored.]

  1. Agriculture produce not attachable before judgement

Nothing in this order shall be deemed to authorise the plaintiff to apply for the attachment of any agriculture produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce.

13[13. Small Cause Court not to attach immovable property

Nothing in this order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.]

 

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Sir,

The following information may kindly be read:

Are tenants troubling you? Want to get them evicted from your property? For evicting the tenants from the property you need to ensure that, there should be a proper agreement between the parties. So for eviction either the agreement should have been expired or you could have served a notice of termination of the agreement.

The purposes of the Rental Agreement can be commercial or residential.

If the premises has been rented for commercial purposes then the landlord can evict the tenant only under the following conditions:

(i) The landlord has to show that the tenant has an alternative place to do business

(ii)  If he is not abiding by the terms and conditions of the rental agreement.

(iii) If he is using the property for some unlawful/ illegal purposes.

(iv) If he is causing any damage to the property.

(v) The most important ground is that the landlord himself is in need of the premises. To prove this he needs to show that

(a)  The landlord himself is using a rented property.

(b)  And the said premises are convenient and cost-effective for him.

If the premises is being rented for residential purposes then the grounds of eviction shall be

(i)  The owner himself is using another rented premises,

(ii) The subsequent purchaser of the property wants to evict the tenants,

(iii) If the tenant is using the property for any unlawful or illegal purposes,

(iv) Or the tenant has caused some damage to the property.

The laws in India are pro-tenant laws and it usually takes a long time to get the Tenant Evicted.  In the event of evicting a tenant, you can follow these steps.

  1. To begin things, you can send a legal notice to the tenant to vacate the property.

In India the first step for every legal action is sending a legal notice. By this we ensure that the other party is properly informed as to what this notice is for and what will be its consequences. Once the legal notice has been sent the tenant may choose to or not to reply.

  1. If the premises are being used for unlawful or illegal purposes then the landlord may directly file a criminal complaint.
  2. The legal notice shall include things like how did you meet the tenant for example have you advertised and he contacted you or he was an acquaintance of yours, when did you enter into the rental agreement, what is the reason on which you want to evict the tenant, around what time did these reasons start, have you sent him an written notice earlier, if so when and why, the time period being provided by you for him to evict the property, what steps will be taken if he does not vacate the property.
  3. If the tenant does not do so then you may initiate file a rent control original petition (hereinafter known as RCOP) in the proper Small Causes Court in proper jurisdiction against the tenant and proceedings are held. Evidences including the legal notice and rental agreement need to be there to evict a tenant. If the Rental Agreement is not there, then it again it will be a lengthy process.
  4. Apart from the Rental Agreement there are some other documents that you might need i.e., documents of the property such as khata, sale deed showing that you are the owner of the property or the parent deed in which you may be shown as the legal owner of the property, etc.
  5. Once the RCOP is filed then the court shall carry on the proceedings as in a civil suit.
  6. The Court shall after hearing both the parties may pass an order of eviction.
  7. Once the Order of Eviction is passed the Tenant shall vacate the property.
  8. Even after the Eviction order is passed or he is is not satisfied with the previous order then he may file an appeal as Rent Control Appeal and the further appeal stage shall be the Civil Revision Petition.
  9. Even after the court has passed either the order on the original petition or an order on the appeal an still the tenant is not budging from the property the landlord may file an execution petition and the outcome of such a petition shall be either police interference or the revenue official may interfere and get the tenant evicted.
  10. It generally takes 1 to 2 years for this whole procedure.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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