Yes you can seek interest on rent arrears you can pray for attachment of his property in the said case.
Rent arrears of 3.5 lacs from tenant
I have a Flat in Trichy/T.N. and the tenant has not paid rent for three years (Rs 350000). I filed RCOP in 2017 and got ex party degree in 2018. Again filed EP in 2018 and evicted the tenant recently, through court orders with Police assistance. How to get the rent arrears of nearly 3.5 lacs. What kind of petition to be filed and what will be the court fees. Can I claim interest on rent arrears and cost of renovation of the property.(The tenant has extensively damaged the property). I am 68 years now . How many years it is likely to take to attach his property (He has his own independant two storeyed house hardly 3 k.m. from my flat) and bring it to auction
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
In exparte decree you got order for eviction and arrears of rent. In EP the decree partly to the extent of eviction has been executed and partly as far arrears of rent still remain. Execution is valid for 12 years. File fresh EP and the warrants for attachment be issued in consultation with your lawyer.
Did you not in your eviction suit seek rent arrears ?
2) if you have not done so file suit to recover rent arrears with interest
3) you can claim penal interest if your leave and licence agreement contained such a clause
4) court fees depend upon amounts claimed by you
What will be the likely court fees for Rs 3.5 lacs. I heard it will be huge. Request clarification please
Asked 6 years ago
Court fees is state subject and varies from state to state
2) it would not be huge amount
See you can file a recovery summary suit before the court claiming the rent arrears , court fee on same is applicable and is different in all states so local lawyer shall guide you on same,
Further if on court order he fail the court will attach the property.
See it would be 4-5 percent of the amount to be recovered.
If you have decree for arrears of rent, you have not to pay court fee on EP. Only nominal court fee stamp on EP: is required.
Dear Client,
As per facts, you have to file a money suit before the civil court where the property is situated. the fee will be as per the claim of money i.e. 3.5 lac plus interest.
You may call me through KAANOON for more detail.
If you know the present address of your previous tenant you may claim the such amount . Firstly send the legal notice for the purpose of demand the such amount of balance arrear of rent. If failure then you may file a suit for the purpose of recovery of balance arrear of rent. however in the case of suit for recovery of money the court fees to be payable will be approximately 6% on the balance outstanding amount.
The Court fee to be charged for Recovery is a state subject and varies from state to state,
if you find a case for outstanding rent then you have to pay Court fees accordingly in Civil Court but in case you go to High Court and file a petition then you need not to pay any Court fees for the outstanding rent and the person will be brought in the court by the mandamus writ petition and there you can reach to the conclusion by the court to get your money
You don't have any choice as your house is of lakhs. You can claim the court fees from him once you win.
Dear sir
You can file a recovery suit for your rent arrears and renovation charges against the tenant.
For attachment of the property of tenant the decision of recovery suit should be in your favor after that you have to file execution petition in which court can attach property of tenant.
You can file a money recovery suit for collection rental arrears along with interest for the period not made any payment.
If you know the details of the property you may file an application to attach the same before judgment for the purpose of security towards the arrears amount to be received from him.
The court fee for recovery of money shall be 3% to the amount intended to recover.