You can file suit for recovery of rent along with damages if any. You will receive the litigation cost as well as interest from court
Recovery of rent and dues from ex-tenant
I gave my 3-floor residential property on Rent to a Tenant on 25th Nov 2019. In Feb 2020 I came to know that tenant has given the Basement (part of the property) on rent to a 3rd party, which was not allowed in our Lease Agreement (which was notarized and is of 11 month duration). I also came to know that the tenant had erected structures in the basement to create 3 extra rooms, without our approval or knowledge. As a result, we gave them Lease Violation Notice on 25th Feb 2020 clearly noting that per the contract this will result in termination of their occupancy and forfeiture of security deposit. The tenant made no attempt to rectify the situation. A month later Country went into Lockdown and Tenant stopped paying rent and utility bills. They said they'll pay once lockdown opens, which they didn't. After close follow-up and multiple reminders, they paid rent that was due on March 25 and one utility bill and said they won't pay anything for lockdown, plus they also maintained that they do not believe they are in lease violation for subletting. We were able to receive a copy of the sub-lease agreement that they did with their sub-tenant and found that our tenant signed that sub-lease agreement, representing them as the owner, which is fraud and dangerous. Their rent check's also started to bounce and the tenant was now behind on their rent for 3 months. Due to all this, we asked our tenant to vacate the premises. After lots of follow-up and talks, they vacated the premises in Mid July. The premises were left in bad shape requiring lots of repairs and repainting. We have a strong case against them For Non-payment of back rent, For check bounce, and For misrepresenting themselves as the owner on a notarized legal document. I'd like to know how to proceed next, how much time this will take to get resolution and If it's going to be a financially costly affair for me to pursue this legally, also if there are Lawyers out there that would like to take up this case on %age of collection basis.
Asked 3 years ago in Property Law
Religion: Hindu
19 Answers
there are number of lawyers in this website from UP having good ratings . you can check their profile on the website and seek phone consultation.
1) lawyers cannot charge fees based on collection basis
2 You can file suit to recover arrears of rent
3) you can also recover expenses incurred by you for repairs
- As per law, A tenant cannot claim for force majeure , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well , and hence the tenant cannot refuse to pay the rent for the period lockdown.
- Since, you have already taken possession from him , then now you have right to recover the arrears of rent and other repairing expenses legally.
- You should send him a legal notice and thereby ask for the dues amount .
- If no response, then file a Recovery case against him .
File a 138NI Act complaint for cheque bounce.
File a 420,406 IPC complaint to police for sub letting the premises.
They will come to compromise
For fee and all you need to contact particular lawyer
Yes you definitely have a strong case against them. You will have to file separate cases for arrears of rent as well as for cheque bounce under section 138 N.I Act. Further you can file FIR against them for criminal breach of trust, cheating by personation, making a false document, forgery for the purpose of cheating etc under the relevant sections of IPC. Time for the proceedings is difficult to predict due to the current situation however the fir and 138 ni act case both being criminal and quasi criminal proceedings may pressurise him to surrender and pay your dues since he will have to face the police especially in the FIR matter and will also have to seek bail in both cases.
1. Well all the acts you have attributed to the tenants are gross instances of breach of lease for which you have the option of filing a suit for eviction of the tenant.
2. Among those sub letting without your written permission and changing the nature and character of the tenated property are very strong grounds of eviction.
3. Si without delay file the suit immediately after sending him an eviction notice.
Your ex-tenant has committed fraud and cheating and also violation of the lease agreement, file three cases simultaneously one for cheating and fraud (Criminal),second one recovery of rent due (Civil Matter) and third one cheque bounce before the competent court.
File FIR against the tenant and sub tenant for cheating and forgery. For cheque bounce, initiate sec 138 NI act proceeding.
FIR and cheque bounce cases will deliver fast result. Have to legal notice within a month of cheque bounce to make payment within 15 days, if not paid with in 15 days than have to file case in court with in 30 days.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief, Causing property Loss, etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
You have to file money suit for recovery of your overdue rent till the date of vacating the property in district court for recovery of money along with the legal cost but before that you have to send a legal notice them and give them time from the receipt of notice for payment of outstanding amount including any legal fees for sending the legal notice incase the party is failed to outstanding amount including any legal fees which is claimed in the notice then you can move to district court and file your case.
So for AS the cheque bounce is concerned you have to deposit the cheque and get it bounce and for that purpose also you have to send legal notice for the payment of cheque amount and any legal fees for sending legal notice failing to required amount you can file a case of cheque bounce under section 138 of negotiable instrument act in the court which is designated for this purpose in district court cheque bouncing is a punishable offence now but at the same time it is bailable as well.
Please rate this answer if you like it!
Yes there are lawyers in cases of rent and eviction.
A criminal complaint on grounds of fraud and cheating and forgery and impersonation.
A suit for recovery.
Firstly, you note that if your agreement and contracts are having 'Arbitration Clause'..... please follow the rules of arbitration which will decide your matter in prompt manner and in a very short period.
If not, then you can file a case under Negotiable Instruments Acts if cheque is bounced and notice has been sent in statutory time.
For agreement and contracts, you can move a civil suit in this regard.
And if you want any amount of money to be recovered, please file a money recovery suit which takes less time to decide.
But you take note of this that every proceeding will take much time.
In Noida, you can find many advocates who take interest in deciding the matter on percentage basis.
Please feel to free for further queries.
(Rate me also)
Please issue legal notice to your ex- tenants for illegal activities and get established and on record that they were your tenant.
Tenancy Agreement needs compulsory registration with the competent authorities under Rent Control Act.
Its lockdown due to COVID-19 pandemic situations Worldwide. Only urgent hearing and ad-interim order are being made by all Courts of Law in India.
It may take two to three years for resolving your problems.
Dear sir,
This case may run for around 2 to 3 years it based on your lawyer how well he run the case and take the next hearing and also due pandemic it may take a long time , it may cost around 50 k and some time much more too , yes lawyers will be available you can check it out in your local jurisdiction!!
You should immediately send them a notice to quit.
1. You should first of all lodge FIR against tenant for impersonation as owner of the property which was given to him on rent.
2. You should also send him legal notice for deductions of repair Amount and rent from security deposit and demand any short fall after deducting security deposits.
3. After the term of legal notice completes you can file suit for recovery of dues from tenant.
You can file a money recovery suit for the arrears of rent and for the damages caused by him while leaving the premises;
Besides you can lodge a criminal complaint against him with the local police for creating fake documents revealing that he is the owner of the property and for sub-letting it to others which is a criminally motivated fraudulent activity for wrongful gains.
You talk to the local lawyer about other formalities in this regard.
- As per the information mentioned in the present query, makes it clear that you have not only be left without paying rent, but also been cheated by them personating as you.
- I would like to apprise you that you need to first file FIR against them for personation and making of forged signature on forged paper as the owner, so that they can be sent behind the bars.
- You can also file a cheque bounce case too but that may take longer time to get your money back.
- You should use the same agreement and cheque in recovery suit under summary trial before the civil court of law that may give you the monetary relief in six months most probably.