• Tenant not paying rent and not canceling the agreement at registrar's office

Dear Sir,
We rented our property for a hospital. The management didn't run properly as the management was far away and the doctors were not dedicated. They have not paid the rent for 6 months. They vacated the property. When they signed the lease, we registered the agreement with Registrar's office with rent amount and duration of the term. We didn't specify what will happen if he doesn't pay in the document we registered. In our separate Lease agreement, we specified that agreement will not be valid if 3 months rent is not paid.

When we ask him to cancel the agreement at Registrar's office, he is not cooperating and asking us to pay him money. What can we do now? Can we rent the place to a different person.

Please help us with the solution.

Regards,
Rajesh
Asked 2 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

23 Answers

Hi,it is Advisable to issue them a legal notice for the payment of due rent ,in default of which the lease agreement shall stand void and you will be entitled to claim the possession of the property..

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
58 Consultations

4.9 on 5.0

You must file a Rent and Eviction suit in Civil court. I'm prepared to file and plead the suit as your counsel. Speak to me in phone consultation service here at kanoon, to fix up an appointment with me

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1425 Answers
5 Consultations

4.4 on 5.0

issue legal notice to tenant for termination of rental agreement for non payment of rent for 6 months 

 

2) file suit for eviction if hospital fails to vacate the premises 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

The Agreement will stand cancelled once you file the decree of court with registrar

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1425 Answers
5 Consultations

4.4 on 5.0

After notice is served ,due to the default of terms of the agreement the rent agreement itself stands null and void ..No need to get it cancelled from the registrar office 

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
58 Consultations

4.9 on 5.0

Agreement is already expired on vacation. No need to cancellation. Now send legal notice for recovery of due rent with interest, failure to which file recovery suit.

Place is yours and vacate, can put on another lease.

Yogendra Singh Rajawat
Advocate, Jaipur
21462 Answers
31 Consultations

4.4 on 5.0

1. in my view, since the lessee has agreed in the separate lease agreement [though its not registered] that if rent is not paid for 3 months then the lease will stand terminated, and coupled to the fact that the lessee has also vacated the premises, it is clear that the lessee now cannot claim any equity under the registered lease agreement

2. so i do not see any need for cancellation of the registered lease agreement by executing a cancellation deed and registering it with the registrar

3. to be on safer side you can anyway issue a public notice in 2 local newspapers informing the public at large that due to non payment of rent, the registered lease agreement read with subsequent lease agreement stood terminated and the lessee has also vacated the premises. Call for objections from public in that behalf under 14 days notice in the public notice

4. thereafter you can contract with another tenant and let out the place 

Yusuf Rampurawala
Advocate, Mumbai
6638 Answers
63 Consultations

5.0 on 5.0

1. Issue a lawyer's notice to him to pay the arrears of rent and appear before registrar for cancellation of agreement. Also mention that if he does not come forward for cancellation of agreement then it will be cancelled unilaterally.

2. After expiry of the time given in the notice you may file a suit for recovery of money against him in the competent civil court.

3. You are free to induct a new tenant after cancelling the agreement from your end.

Ashish Davessar
Advocate, Jaipur
30752 Answers
930 Consultations

5.0 on 5.0

cancellation of agreement can be done by mutual consent 

 

2) if tenant vacates premises you can then give premises on rent to new tenant by entering into registered leave and licence agreement 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

- You can send him legal notice to vacant the premise with immediate effect as per the terms and conditions of the agreement. 

- If the tenant doesn't comply with the agreement, you have the liberty to file a case against the tenant under TP Act and Rent Act for recovery of pending rent. The court will itself order the eviction of the tenant with penality. 

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

Dear Querist,

 I would like to bring in your notice that the registered lease deed can not be cancelled/ determined by one party to the lease. It can be determined only through cancellation agreement signed by both the partied and registered. 

Apart from that, you can file a eviction suit against the lessee on the ground of Non-payment of rent by the lessee which is stated under section 114 of the Transfer of property Act, 1881 which is stated below for your reference as: "

114. Relief against forfeiture for non-payment of rent

Where a lease of immovable property has been determined by forfeiture for non-payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear, together with interest thereon and his full costs of the suit, or gives such security as the court thinks sufficient for making such payment within fifteen days, the court may, in lieu of making a decree for ejectment, pass an order relieving the lessee against the forfeiture; and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred."

You can contact me for filing the suit of eviction and consultation. if any. 

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, New Delhi
396 Answers
1 Consultation

5.0 on 5.0

1. They have already given you back the vacant possession of your said premises.

 

2. They have not paid the rent for last 6 months for which the agreement becomes liable to be terminated.

 

3. Send the person concerned a legal notice asking for payment of the pending rent within next 15 days and mention therein that they have voluntarily given you back the vacant possession of your premises for which the said agreement stands cancelled automatically.

 

4. Thereafter you can rent your premises again to a third party.

 

5. This time be careful in drafting the agreement which should cover all the  aspects.

Krishna Kishore Ganguly
Advocate, Kolkata
26290 Answers
726 Consultations

5.0 on 5.0

1. You shall have to take the stand that they have left your place by returning the possession of the premises voluntarily without paying the rent for 6 months.

 

2. The above step taken by the other side indicates that they have not complied with the terms of the agreement for which it gets cancelled automatically.

 

3. You can re-rent it to a third party as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26290 Answers
726 Consultations

5.0 on 5.0

You can file complaints with Rent Controller Authority. And narrate all above problems in it.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

If they have vacated the premise and delivered vacant possession then you can very well let it out on rent to a new tenant.

You don't have to be worried about the registered agreement.

It will be deemed as terminated upon they delivering vacant possession.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

Upon termination of the previous agreement you can enter into a new agreement with the new tenant.

The previous tenant had already delivered vacant possession hence you don't be bothered about the cancellation of the previous registered lease agreement.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

See you can give a notice of cancellation seeking rent of period rent is not paid. If on notice he fails you can file a suit before civil court for recovery of amount and cancellation of agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

File a suit for cancellation of the suit. See if on notice he accepts that he has vacated the property and cancelled the agreement then you can make new agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

You should give him a legal notice for cancellation of agreement on ground of non payment of rent and vacating the premises without prior intimation.

After that file a case before civil court for cancellation of agreement.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file recovery of rent  along with interest before civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

You can issue notice to your tenant for evection and payment of arrears of rent.

If he fails to comply with the above notice, you can file suit for eviction, recovery of rents and also damages for unauthorized occupation.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

You should hive an eviction notice to him. If he does not respond then file a case for trespassing and eviction.

Regards 

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

Yes the new agreement should specifically state that the previous agreement stands cancelled.

Regards 

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer