• Tenant not paying rent and not answering call and messages

Hi, 

I need your valuable guidance on a tenant-landlord matter. 

I am facing repeated issues while renting my property (flat and shop). Many times the tenant is not paying rent and also not answering my phone calls, SMSs, and Whatsapp messages for more than 30 days. For some of the whatsapp messages I have read receipt (the two blue color right icons). 
He is also not coming to my property maybe because he/she is out on a business trip or went to his native place for an uncertain period. Due to this, I am not able to contact the person by any means. As he is still occupying my property hence he should pay rent regularly. 
I have a notarized rent agreement for 11 months period on 500 rs stamp paper. Rent agreement clearly say that he has to pay rent on 5th of every month. The rent agreement has a clause that the landlord can give one month notice and ask the tenant to vacate the place. Similarly, Tenant can also give one month notice and leave the place. 

I have the following queries in this case. 

1. Can I directly go to the police to take help in this case?
2. I have photo copy of aadhar card of the tenant which has his native place address. If my lawyer send legal notice to that address then how do we prove that the tenant has received it?
3. What if the rent agreemnt is expired by this time.
4. In this case how much time it will take to vacate my place if I go through court?
5. The rent agreement has a clause "In case of court involvement the tenant will have to pay the court fee.". So will court get all my legal expenses paid by the tenant?
6. In case of court case how many times I may have to go to court personally. 

Waiting for your support on this. Thanks a lot in advance.
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

1. You may issue legal notice to the tenant to pay the due rent and to leave the premises. You may give police complaint though police may refuse to take complaint as rent and tenancy is civil matter.

2. You may send notice by Registered post Acknowledgement Due you will receive acknowledgement that he has received the notice.

3. You may ask him to leave the premises.

4. See case tenant fails to evict on notice and you file suit before court it mat take years to settle depending upon pendency in court.

5. You may in suit ask tenant to pay the expenses and legal cost.

6. See you may have to go at time of evidence otherwise you lawyer may take care of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No dont go directly to the police station kindly solve this problem at your end . Because as per the registration Act of India. You rent agreement is not registered with the registrar as a Leave and License agreement.

 

So the her the case will turn against you and owner has to pay fine if the rent agreement is not registered.

 

Kindly solve problem at your end by sending normal notice to vacate the flat ans shop.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Police would  not intervene as it is a civil dispute 

2) send it by registered post AD . You will receive AD card 

 

3) file suit for eviction if tenant fails to vacate inspite of notice 

 

4) local lawyer can guide you 

 

5) only court fees has to be paid by tenant not legal expenses 

 

6) your personal presence is necessary during trial 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. No , police is not having power for this issue , police will suggest you to approach court.

2. Yes, better send a legal notice for eviction on the ground of arrears of rent , 

- Aadhar card is valid proof , and hence if the notice addressed there , then it is legally acceptable . 

- Send the notice via whatsup also , 

3. If rent agreement expired , then legally the tenant has to pay the rent on month by month basis, and further the tenant has no right to continue in the tenanted premises. 

4. If the tenant will not pay the rent before the court , then within 2 to 6 months , court will pass its order for vacate the tenanted premises . However this also depend upon the burden of the court as well.

5. Yes, the tenant is bond by the clauses of rent agreement .

6. Your presence is not required on each and every date of hearing , and your lawyer can approach the case in your absence. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No role of police. Send him notice on what's app and on his address given in rent agreement and take possesion.

Even if notice returned, presumption of service of notice.

If he will not appear in court, court may grant ex parte order. You can request court to grant you interim releif to take possesion of property.

Minimal court fees and advocate fees which you only have to pay.

Personal presence for at least 4 5 times if he do not appear in court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Yes

2. Online delivery status of the registered post.

3. No worries 

4. Instantly, if the interim relief application is also filed.

5. If you win the case than he will pay.

6. Not fixed but yes....5 to 10 times..

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You need to send him legal notice and file eviction case against him. 

2. Even if he refuses it will be treated as served 

3. Even if the rent agreement is expired court will fine him with the outstanding rent and interest and evict him if he is not vacating

4. It may take some time depending on covid things

5. You can demand the litigation cost from him

6. In civil case only your lawyer can go your presence is not compulsory

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. This i a civil dispute in which the Police has no role to play and going to them is a futile exercise.

2. Yes ask him to send him eviction notice.

3. Then your reason to send eviction notice becomes stronger.

4. No time line can be predicted.

5. Not more than when the date is fixed for recording your evidence. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) No, police will not interfere in the case, since it being civil in nature.

2) You send the notice to his address and also to the portion which you let out through Regd. Post with Ack. Due, here you can get tracking report.

3) Issue eviction notice following (2) above.

4) Time cannot be quantified, but on an average, it can take between 7 to 10 years.s

5) Yes, you can, subject to claiming in your notice and suit, you are entitled to court fee but not legal expenses.

6) You may have to attend the court for giving evidence.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. you can serve the tenant with a legal notice through a lawyer to make payment of the outstanding rent amount. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount along with eviction,

2. you can send the notice on the address mentioned in the aadhar card, rent agreement and a copy through WhatsApp,

3. take immediate action, (send him a legal notice through a lawyer to make payment of the outstanding amount and also to evict the premises giving one month notice period)

4. such eviction cases take a time of approximately 1-3 years,

5. you can claim the court fee from the tenant,

6. you have to visit at the time of filing and evidence, (2-5 times)

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Since this is a civil matter police may not help you, hence you issue a legal notice demanding the rental amount and to vacate the premise as he has willfully defaulted in monthly rental payments.

2. The receipt of the registered post as well as the acknowledgment card shall be an evidence for having  sent the legal notice.

3. You send the legal notice as suggested, it will take care of all the issues.

4. The time taken in court for disposal of ther eviction suit cannot be predicted owing to various factors, however in general it may take at least two to three years.

5. The court fee is different to the entire legal expenses, the court may pass on order for the costs to be paid by the tenant.

6. You may have to visit the court on all dates of hearing till the case is disposed.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Different outstanding is for more than 2 months then you have to send a legal notice to your tenant and if there is no reply to the legal notice then you have to go to the court for eviction eventually you will not get any e help from the police in this matter and police is not going to get your property vacated by the tenant it is the court where you can claim the entire outstanding of the rent as well as file the action you have to pay the requisite court fees in this regard that these metals are payable and this amount can be recovered from the tenant when the matter is decided by the court you have send the legal notice along with the the detail of the rent outstanding and their also you can mention about the packet in the property you can mention that he will be responsible to all the future litigation charges along with the interest and outstanding rent and compensation for using the property.

As soon as you file a case aucent legal notice to the tenant the expiry of rental agreement do not effects any of your rights on the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If your tenant is not paying rent regularly and stop paying same 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.

It depends on the Endorsement the Postman has made on the postal cover. If he has endorsed as 'Refused' or 'not claimed' the service of notice will be deemed sufficient and further action as contemplated under law will follow

entire process would likely take around 6 months  to 18 months time.

court fees not lawyer fees.

Personal appearance mandatory during trial. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Police has no role to play in a dispute of landord-tenant pertaining to default in rent.

2. Your remedy is before the Rent Controller by filing a petition for eviction of tenant on the ground of default in rent.

3. Legal notice sent through registered post with ad carries a presumption of delivery to the address of the recipient.

4. Presently, lockdown is treated as Force Majeure by the courts, hence the tenant can make delayed payment of rent.

5. Wait for the lockdown to be withdrawn completely by the govt and then you may file a petition for eviction of tenant.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. No you cannot approach police as it is civil matter and police will not intervene officially but they can help you without lodging official complaint.

2. Legal notice should be sent by registered post and it's delivery report will be legally admissible.

3. You can Send him another notice for vacating the house. 

4. If you go through court then time will be decided by defence taken by tenant. 

5. You have to pay the court fees for filing the suit but you can claim it from tenant as per your rent agreement.

6. You may have to go two or three times in court and in case if court summons you for mediations. 

 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You should send a legal notice. It will be deemed sent it sent through the speed post. If he is not responding and is away then open his portion take out his belongings and put your own lock. Also inform him about it.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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