• Procedure for recovery of arrears of rent

Hello All , 

I want to know the procedure of recovery of rent from my tenant. I have filed eviction suit and the court hearing is on process. Can I file recovery suit for Arrears of Rent separately or Should I wait to get eviction order first and then file recovery suitfor arrears of rent. Is It possible to file recovery suit without the help of lawyer ? My case comes in Delhi Jurisdication and it doesn't fall in Delhi Rent Control Act.
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu
1) what are terms and conditions of rental agreement ? 

2) when tenant defaulted in payment of rent did you issue legal notice to tenant to pay rent arrears ?

3) did you terminate the tenancy on account of failure to pay rent ? 

4) it is always better to engage a lawyer and issue legal notice them file suit for recovery of rent arrears and for eviction of tenant 

4) what are the grounds mentioned by you in eviction suit ? 

5) eviction suit would take years to be disposed of 

5)you should take legal proceedings for recovery of rent arrears . contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1. In your eviction suit itself you can seek recovery of arrears. Alternatively, you may file a recovery suit. 

2. There is no legal obligation to wait till the eviction order to file the recovery suit.

3. You need a trained legal mind for courtroom battles, which you are not. So you cannot proceed without your lawyer.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hello,
1) You can issue him a legal notice for recovery of arrears of rent and file a suit for recovery if he does not comply. You don't need to wait for the results of the eviction suit.

2) It is advisable to take the service of a lawyer although there is no bar to your filing it on your own.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Did you have any prior for arrears of rent in your present eviction petition? If so file an interlocutory application for arrears of rent now. Other wise you may file a separate petition for recovery of rent arrears .

Any time you can file the petition. you may file the petition with the help of lawyer.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi, you need not file separate suit you just filed an application for arrears of rent court may allow your application 

2. Suppose if they not pay the amount inspite of court order after judgment you can file execution petition for possession and recovery of arrears of rent.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
A. You had to send the legal notice to the tenant when you failed to receive the payment of the rent on time.

B. You can file fresh suit for recovery of arrears of rent and the present eviction suit shall not bar to file another suit to receive the rent.

C. Contact a local advocate to resolve this matter expeditiously.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0

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