• Eviction of tenant

My tenant is running a business in our shop. He is always failing to make his payment on time. Now he stopped paying rent altogether. He always pays rent as cash. I have an unregistered agreement with him. He is running a business here for more than 10 years now.
Asked 4 years ago in Property Law
Religion: Hindu

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34 Answers

Even if you don't have any registered agreement you can go for eviction suit you have to file eviction suit and claim for outstanding amount if any including the legal charges for doing so you have to send a legal notice to him to vacate the property within 1 month and pay the entire amount of outstanding as stipulated in the notice failing which you can file the eviction suit in district court please be aware that claim amount of rent and the value of the property you have to pay court fees that is to be decided by the advocate and the the office of the court to be paid in value of stamps which is used for payment of court fees.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Please issue legal notice to him for eviction based on the clause of unregistered agreement. 

Unregistered agreement is not enforceable under the law.

Next time be careful to get the agreement registered before the Competent Authorities The Registrar  of Assurance  and Sub-registrar office under Registration Act.

If not paying rent after the service of notice then file eviction suit.

Or you may approach Police to seal the premises under section 145 and 146 Cr. P. C.1973. Police would seal the shop and take the matter before the Magistrate Court for claim of ownership. You have to prove your ownership and get the order of lifting of seal from the shop.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Send him eviction notice to vacate the shop and you have to run your one business to run for your family bred and butter on this basis you can ask him to vacate.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Send him a legal notice terminating his tenancy from the date of receipt of notice.  After receipt of notice, his tenancy would be day to day basis and he has to pay for illegal use and occupation on day to day basis.  Thereafter file a suit for possession, damages for illegal use and occupation and cost of litigation with the help of local lawyer.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

1. Legally an unregistered Lease /Rent agreement is not enforceable in Court, for Recovery of Rent of Evicting a Tenant.  Hence it is better to settle amicably, more so since this technicality shall take years to settle down.

2. If you have any other documentary proof of tenancy or occupation, THEN only option is to file Eviction Suit against Tenant and obtain order of Eviction or obtain order of recovery of dues (means rent at current market value, as per valuer certificate).

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

A registered agreement should be made with him. Also ask him to vacate the premises as you have a need.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

An unregistered agreement will also do. As he is not paying the rent he is liable for eviction.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The new rent amount per month should be revised. He should be put to notice.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No, you have to get a certificate government certified Valuer of your area and get the certificate from him.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. When Evicting or Retaining disputed Tenant for "failure of payment of rent", the Landlord is entitled to either Eviction of Tenant .OR.  "Rent at current market rate" (which has to be proved by a Govt. registered Valuer Certificate).

2. Court is not going to consider an "unregistered agreement", for any purposes, since this will be view as evading /cheating the govt. of Stamp duty and Registration fees.  You will have to procure other evidences.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Issue tenant legal notice to vacate premises on account of failure to pay rent 

 

2) if he fails to vacate inspite of notice fine eviction suit 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

You are entitled to claim arrears of rent in your eviction suit 

 

you can claim rentals as per terms of your agreement 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

1. If the tenant is not paying rent then this is a ground for eviction. 

2. So on this fact you have the option of filing eviction suit after which he can start paying rent. 

3. The unregistered rent agreement has nothing to do with this. 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

Send legal notice of eviction by giving 15 days time. Rent will pay and increase as per agreement. But you can also demand through legal notice for revision of rent as per present market rate.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

 - 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 cannot refuse to pay the rent due to lockdown.

- If the agreement is not registered , then the tenancy would be deemed as month to month basis . 

- Further, if the tenant stops to pay the rent , then the landlord can evict him from the tenanted premises legally. 

- Since, he is not paying the rent , then you should send him a legal demand notice.

- If no response, then file an Eviction petition on the ground of none payment of rent. 

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

It refers to standard rent fixed by the Municipal Authorities to be charged as per shedule in Rent Act.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Tenant liable to pay rent continuous otherwise immediate eviction. Rent will be as decided by parties.

Not compulsory to register agreement executed for the period below one year.  Eviction suit may take time but tenant will pay rent without interruption.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Even if it is unregistered leave and licence agreement you can sue the tenant for recovery of rent arrears 

 

2)registered agreement would not accelerate the eviction suit 

 

3) disposal of eviction suit would depend upon pendency of cases in trial court 

 

4) court can direct tenant to deposit rentals in court 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

To prove tenancy agreement need not be there least a registered one.

So you have no disadvantage and during  pendency of the suit the tenant is bound to deposit  rent in court in default of which his defence gets struck of. 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

Hi

 

1) Since the rental agreement is not registered either under the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act 2017 or under the Registration act,  despite the fact that the tenant has been conducting the business in your premises for more than 10 years, it will be construed as month on month tenancy which is very favourable to you in the present case. 

2) It is the stated position of law, In the absence of registration, the period specified in the lease deed cannot be taken into account or relied on and such lease will tantamount to an oral lease .

3) However, it is also the state position of law, that  even in the absence of registration of an agreement of lease entered into between the parties, it can be reasonably presumed that the lease is on a month to month basis, as has been contemplated under Section 106 of The Transfer of Property Act.

4) So, You are entitled to claim the amount mentioned in the unregistered lease agreement as your rental dues and you should claim the rental arrears based on the amount mentioned in the unregistered lease agreement. 

5) In Tamil nadu, since  Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act 2017 was passed in the year 2017, standard rent fixed by municipal authorities will not be applicable in your case and your case needs to be contested based on civil contracts act ,  specific relief act only and not under tenancy laws.

6) The eviction suits in courts at Coimbatore or any wherein Kongu Mandalam  take anywhere between 18-24 months, but, at the time of filing of eviction suit itself, you can file an Interlocutory application with a prayer to direct the tenant to deposit the rental amount in court month on month and you can collect the monies from the court. So, that way , your tenant will come under pressure to pay rents regularly on monthly basis through court, failing which his case will be dismissed.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

What are the contents of Agreement entered into between you and your tenant?

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

You can accelerate the eviction proceedings against them even with unregistered agreement. You can file eviction suit on appropriate grounds and contest the same

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

- Legally , you are entitled to claim the rent which is mentioned in the unregistered rent agreement. 

- Since, the period of rent agreement is only 11 months , hence the registration of the same is not mandatory. 

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

If you are looking for eviction definitely you don't expect any rent to be paid by your tenant in case you are receiving the rent it means you are agree to the tenancy period how every has the option to pay the rent in court there from you can receive the amount please note that the rate of rent is a notional amount and your rent is governed by your rental agreement so the rent amount can be more then the municipal rent fix for this purpose in any claim the amount of rent must not be less than the municipal rate of rent the cited for any building.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Eviction suit generally takes minimum 5 years to conclude.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

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
19299 Answers
32 Consultations

4.7 on 5.0

No the rent cannot go down. It will remain as it was. Yeah he has to pay rent.

Unregistered agreement is not a good bargaining option.

Try to settle the matter out of court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Engage an advocate for sending legal notice for eviction to tenant on ground of non payment of rents and expiry of rent agreement.

2. If he refuse to give reply to legal notice or ignore the legal notice then file suit for eviction and recovery of pending rent against your tenant. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You issue a legal eviction notice instructing him to vacate the premises for willful default of monthly rental payment.

Failing to respond or comply with the demand made, you may file an eviction suit.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

In the legal eviction notice you may mention that the premises is required for our personal use as well besides willful default in monthly rental payments. 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

You don't get confused looking at various technical terms.

Fair rental value is different to that of the present issue you are facing.

The tenant is not paying you the rent at all 

Hence you concentrate on vacating him by due process of law.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

The unregistered rental agreement is a disadvantageous situation to the tenant  and not for you.

You may consult a local advocate and first issue a legal eviction notice, followed by the eviction suit.

Don't keep  your mind disturbed by unnecessary legal terminologies.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have not been advised precisely in accordance with the facts of the case.
  2. I would like to apprise you that if the rent is above the specific amount mentioned in the state rent act then the party will have to pay the rent in accordance with the agreement whether the same is registered or not or if at all there is any agreement or not.
  3. The party will have to pay arrears on the court decree from the date of which they haven’t paid till the final outcome of the eviction suit plus interest on it and that too as per the amount been paid by them but not as per market value.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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