• Tenant not paying rent

Sirs, 
My late father owns a flat in Hyderabad which has been dwelled by a tenant since 2018. No rent agreement has been taken. Tenant has not paid rent since Sep'19 and is not responding to the calls. Instead he is lately responding to WhatsApp msgs. assuring a target date of clearing the dues. Countless dates have been given but not a single rupee was paid. He is not staying in flat since then but his house hold goods are lying in. He has been expressing multiple reasons and helpless situations. One month back, i came to Hyderabad and after continuously following up he came Hyderabad assuring of paying the outstanding amount and vacate the flat but humbly handedover the flat key again assuring of another date of clearing the dues. I started staying in the flat among his household goods without bringing mine and my family here. Since 5th Nov 2020, the day of handing over of key, he and his wife have been assuring multiple dates but still not cleared the dues. Finally when i expressed of compelling myself to police station, he made his parents to come in line. His parents have clearly expressed their difficulty and told that they cannot pay anything now. He then assuring that he may clear my dues and vacate the flat in 5months ie., by Apr 2021. I can't wait till then as i have shift my goods and family to my flat. Hence, i told the tenant to come to pack his goods and keep them in one room and after he clears the dues as assured he can take away them. Till then his goods will be in my custody. 
I told him to give 3 blank cheques and an assurance letter when he comes, tomorrow. 
Kindly let me know whether it would help or please advice how to proceed.
Thanks in advance for your valuable advices.
Asked 11 months ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

You should not have given flat on rent without registered leave and licence agreement 

 

2) your primary objective should be to gain possession of flat even if you have to forego part of rentals 

 

3) ask tenant to remove his belongings .give him time to pay rentals 

 

4) obtain in writing from tenant period within he would pay rentals 

 

5) file eviction suit if he fails to vacate premises and seek arrests of rentals 

Ajay Sethi
Advocate, Mumbai
84381 Answers
5530 Consultations

5.0 on 5.0

- Police has no jurisdiction to entertain such type cases. 

- Further , you should keep his goods under your supervision , otherwise you may face trouble .

- You should try to take possession after vacating the same , and then try to recover arrears of rents . 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

1. Don't keep his goods under your custody for long. If he go berserk a false complaint of theft can be initiated against you. 

2. Rather inform the police that you are staying in your own flat but keeping his articles under your custody. 

3. Then immediately file a civil suit for recovery of money . 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

The steps what you have taken is not tenable in law,  if you want a permanent legal solution for this. 

Moreover your father is the owner and not you hence any action taken by you may be termed as illegal if he approaches court. 

The police cannot interfere in this civil matter. 

You first obtain a POA deed from your father authorizing you to take necessary steps in this regard. 

Then you issue a legal notice demanding him to pay the arrears of rental amount that is due till date and ask him to vacate the premises for default in rental payment. 

It can be a oral rental agreement also,  hence you don't need to be worried that you you do not have a rental agreement. 

Forcibly occupying the rented premises while the tenant has not delivered vacant possession amounts to criminal trespass also,  hence you may be cautious while handling this sensitive situation. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Hi, Don't Keep his belonging in your apartment. Tomorrow it will go against you and it is risky. Its better ask him to quit and vacate the property. Even though you may lose some  amount. Better ask the tenant to vacate the tenanted premises.

Pradeep Bharathipura
Advocate, Bangalore
5165 Answers
284 Consultations

4.5 on 5.0

Dear Client,

If tenant is paying you rent as per rent agreement then you have to send a Legal Notice for demanding Rent and even of getting Legal Notice, the tenant dont pay you rent then you may file a case for recovery of the rent.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

You need to file eviction suit after sending him legal notice

 

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer