• Non payment of rent

I have rented my new apartment on November 2019 at rent rs 65000 inclusive of maintenance and deposit 11 lakh rupees The lease is for 11 months and mutually by giving 2 months notice we can call of the deal Since May 2020 my tenant is not paying rents due to business loss He says it's a govt rule that due to covid 19 the govt has requested landlords not to pressurise tenants to pay rent
 Inspite of repeated requests as I am dependent on that rent due to I'll health of my husband he is un able to pay .My tenant says if you can't give me time than send a notice Why can't he send a notice that he would evict in two months Will I have legal problems if I issue a notice due to the corona pandemic
Asked 5 years ago in Property Law
Religion: Muslim

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19 Answers

If he cannot pay he should leave. Send him a notice. If he is reluctant to pay and trying to take advantage of the situation then too send him a notice. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

That you can do because that's what the security deposit is for. If he leaves then refund him the amount after deductions.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The extension was given on humanitarian grounds for some period like 3 months in Maharashtra for tenants so that they should not come on roads. They can't use for ever. You can send him eviction notice and evict. 

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

You can send tenant to vacate premises if he is unable to pay rentals 

 

2) mention that last 2 months rentals have not been paid by him 

 

3) you can adjust outstanding dues against security deposit 

 

 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

You can send tenant notice to vacate premises on account of non payment of rentals and adjust rentals against security deposit lying with you 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

1. Landlord won't face any problem , he may issue a legal notice for recovery of rent and to evict tenant if he fails to clear dues. The government has not given any notification for waiver of the rent. So land lord may deduct rent from deposit and may evict the tenant by due notice and recover dues.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you may issue him legal notice for eviction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Lockdown is a force majeure. The tenants can make a delayed payment of rent, but they cannot claim waiver of rent.

2. Even if you send him a notice he will reply and state that due to lockdown he cannot pay the rent.

3. Wait for the lockdown to be withdrawn completely by the govt and then you file a petition for his eviction if he still does not pay the rent.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Yes, 

Send him a legal notice, which can be sent very easily.

Give him 2 months notice period to pay the arears and vacate the flat if he doesn't do than you can deduct from the security deposits 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. As per a recent SC judgment, Tenants are not entitled to waive off the rent. However Tenants are entitled to "defer" the rent for the entire lockdown period but will still be liable to pay rent & interest thereon, after lockdown period.

2. You are advised not to issue any legal notice till end of lockdown period and try to settle amicably.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- The tenant cannot claim for force majeure due to Covid-19 , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well. 

- As per the order of the Home Ministry which issued under the Disaster Management Act, A landlord should stop from demanding rent from poor workers and migrant labourers for one month. and further strict action against the landlords who force evict their tenants, wherever the workers, including the migrants, are living in rented accommodation. 

- Hence, it is clear that, this direction/order would be applied with the poor workers, and migrant labours , and not for all , and a business man cannot claim for the same on the ground of force mejeure. 

- Further when a lease is executed, there is a transfer of property. Hence, the lease is governed under the Transfer of Property Act, 1881.

- Further, under Section 108(c)of the Transfer of Property Act. the lessee is put in possession , and it is the duty of the landlord to allow the tenant to continue in possession without interruption, and further the lessee is bound  to pay the rent to the lessor at the proper time and place 

- Further, Section 108 (e) of the Transfer of Property Act- "If by fire, tempest, or flood or violence of any army or of a mob or other irresistible force any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the lease shall, at the option of the lessee, be void, etc.

- Since, the present crisis i.e covid-19  has neither destroyed the tenanted premises , and nor the house became permanently unfit for the purposes of occupation., hence even the provisions of Section 108 (e) of the Transfer of Property Act are also inapplicable here. 

- Hence , legally your tenant cannot claim on the ground of Covid-19, tell him to show the rule of the Government , even being a lawyer i need the same , as she is claiming not to pay the rent against law.

- Even Delhi High Court recently reject a petition filed by a tenant on the ground of Covid-19.

- Hence , you have your right to adjust the arrears of rent from his deposited security amount as well after informing the tenant. 

- Issue a legal demand notice for claiming rent , and thereby warn him that in the event of non-payment of rent you would be entitled to recover arrears of rent and eviction as well.

 

Good luck and dont forget to rating Positively. 

You may connect me via kaanoon.com for assistance 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

There is no such rule passed by government exempting the tenants from paying the monthly rental amount.

You have nothing to do with his business loss or profits. 

Since he is still occupying the rented premise, he is bound to pay the rent.

You issue a legal notice to him demanding the arrears of rent as well as to vacate the premises for the reasons that he has willfully defaulted in the rental payments.

If your ego stops you from sending the legal notice then you will be left to suffer your worries and miseries without any legal solution.

Hence you contact a lawyer in the local and cause to serve a legal notice to him immediately if at all you are really serious about getting any solution to this.

 

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

You can take the assistance of any lawyer of your choice from this forum or a lawyer from your local also in order to mitigate this issue immediately. 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

Hi, it is advisable to issue him a legal demand notice for the payment for due rent ..Incase he fails to pay ,you can move a civil suit for eviction in court 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

No, you don't have any problems if you issue notice.

Issue notice asking him to pay rent for defaulted months.

Alternatively, you can offer him to adjust the defaulted rent from out of deposit.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Response to your second post:

Yes, you can give him notice asking him to vacate the premises under his occupation and hand over the vacant physical possession of the premises to you after deducting all the dues from out of deposit and offer to pay the balance amount to him through Bank only.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 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

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

issue a legal notice to pay the complete arrears of rent within fifteen days else vacatepremises with immediate effect. Even if he dosent do then you can file a suit for eviction as well as if required FIR against him

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

1. You can send him a notice for eviction and recovery of rent due.

2. There will be no legal issue if you send him a notice for recovery of rent and vacating the premises.

3. You can also deduct the pending rent from his security deposit and refund the remaining amount.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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