• Property rented but no show

Hi Sir,
We've rented two floors to Agrigold Group of companies but they are not paying rent for the last 8 months and they have locked and there is no one from the company to speak to. As you might be aware, Agrigold group of company assets have been seized by the AP government and the case is in courts now.

Just wanted your legal advice on the best thing to do now. Can we rent that to others? What do we do with the furniture, documents etc?

Asked 3 years ago in Property Law from Tirupati, Andhra Pradesh
Religion: Hindu
1) you will have to move court now for recovery of possession 

2) you have to terminate agreement for non payment of rent 

3) issue legal notice to company at its office 

4) then file suit for eviction 
Ajay Sethi
Advocate, Mumbai
44311 Answers
2572 Consultations

5.0 on 5.0

How long the property is not used by the tenant?
If it too long then you can inform the local police , then keep its goods in safe custody and then take possession of the property.
However do remember that the tenant later may dispute with the quantity of the its goods but you have no other option either.
Devajyoti Barman
Advocate, Kolkata
12535 Answers
161 Consultations

5.0 on 5.0

1.  you should file suit before rent controller for recovery of rent and eviction of tenant. 

2. after getting order you should deposit all the property of your tenant before rent controller.

3. when property of that company is seized then you should file eviction order and recovery of rent order before the appropriate authority which has seized its property because it is liability on the company and  your dues will be entertained after public auction of its property.   
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

You cannot break open the locks of the closed company premises on any ground without the permission of a court of law.  You should first the notice for default in rent, let the notice be returned undelivered, you may file a suit for eviction, get an exparte order, file an EP for possession by breaking open the lock and also to handover all the articles lying inside the premises to the official court receiver and then you may take possession and  occupy the same. 
T Kalaiselvan
Advocate, Vellore
34471 Answers
372 Consultations

5.0 on 5.0

1. Unless Agrigold is evicted from the rented floors you cannot rent it out to anyone else. 

2. The only legal option available to you is to file a case for the eviction of the tenant in the court. After the court orders the eviction you will be at liberty to rent the place to anybody you desire. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1. You shall have to evict them with due process of law,

2. Without evicting them legally, you can not occupy the premise and let it out to any other party,

3. File an eviction suit immediately on the ground that tyey are not paying rent for last 8 months despite repeated reminders,

4. Before that send reminders to keep in record.
Krishna Kishore Ganguly
Advocate, Kolkata
18151 Answers
438 Consultations

5.0 on 5.0

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