• Lapsed rent agreement

My flat is in Bangalore. I am the sole owner of the property. It’s on a home loan with LIC. I have rented it out. My rent agreement lapsed in July 2020 and both the tenant and I forgot to renew it. Now the tenant has not paid any rent to me last month Aug’20 and this month also the tenants want me to reduce the rent by 50%. I am in hyderabad and feeling helpless as they are blackmailing me it seems. What should I do what are my legal rights. Thank you. Arijit Banerjee [deleted]
Asked 2 years ago in Property Law
Religion: Hindu

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18 Answers

Ask tenant to vacate premises as agreement has expired and pay arrears of rentals 

 

2) if he refuses file eviction suit against tenant 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Dear Client,

You may send a legal Notice to the Tenant for payment of Rent and Possession. If he dont pay after recieving the same, you may file a case for Rent Recovery and Eviction.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Send legal notice of eviction and payment of rent. 

Expiry of rent agrement dose not cease right of owner to receive rent neither tenant can refuse to pay. 

Your right to receive rent is intact even after expiry of agreement. Tenant cannot refuse or demand reduction of rent. 

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,it is advisable to issue a legal notice for eviction and recovery of due rent ..Yes ,the notice can be issued from Hyderabad..However,legal eviction suit will be filed in Bangalore 

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

Eviction notice can be sent from Hyderabad 

 

you can deduct rentals and refund balance security deposit at time tenant vacated premises

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Dear Client,

You have file the eviction case where the property is situated.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Even if you didn't renew the agreement once you accept the rent from the tenant the tenancy would be deemed to have been renewed. 

Now you have 2 options-

Either to terminate the tenancy by sending him eviction notice or

To adjust the rent from security deposit and renew the agreement with or without modification of rent amount. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

- After expiry of the rent agreement , now the status of tenant is month to month basis , and the said tenant cannot refuse to pay the rent .

- Further , the said tenant cannot claim force meajure due to Covid-19, and bond to pay the rent regularly , and the said tenant cannot ask to reduce the rent due to any reasons. 

- You should issue a legal demand notice to the said tenant , and if refused then ask to vacate the premises .

- If you having security deposit with you , then you are liable to adjust the arrears of rent from the same legally after informing the tenant . 

- You can issue eviction notice from your place as well, but the eviction petition will file in Bangalore. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

You can send him a legal notice and then file eviction suit against them. They need to pay you the outstanding rent even after lapsing of agreement. 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

If you want your premises back then you have to issue a termination notice

However since the original agreement was not renewed, the terms therein as applicable for issuing termination notice will apply

If tenant does not vacate after expiry of period stated in termination notice then you will have to file an eviction suit

If they have not paid rent for the period after expiry then you can always deduct from their SD and balance can be refunded upon simultaneous handover of possession by them to you 

The termination notice can be sent from anywhere. Even on email or WhatsApp. 

If they don't relent then you can claim damages for period of overstay in addition to rent in the eviction suit to be filed

Yusuf Rampurawala
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
7074 Answers
79 Consultations

5.0 on 5.0

You issue a legal  notice to the tenant to vacate the rented premise since the rental agreement has expired long back  and he not shown any interest to either renew the rental agreement or intimated his intention to vacate the premise on the expiration of the current rental agreement.

You can also demand the monthly rental amount till such period he is occupying the premise and also inform him the if he is not vacating the premise within one month then he can be declared as an unauthorized occupant  and criminal trespasser, hence liable for criminal action also if he is not vacating within the stipulated period.

After that you can initiate proper legal action to evict him from the premise, by first giving a complaint with the police for the reason ' criminal trespasser'.

 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

You can deduct the outstanding or arrears of monthly rental amount from the deposit amount.

You can issue the legal notice demanding him to vacate from Hyderabad itself.

But you may have to file the cases at Bangalore only.

 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

1. You shall have to issue him a legal notice claiming the pending rent as agreed  and also execute fresh agreement.

 

2. If he fails or refuses to act, file an eviction suit against him.

Krishna Kishore Ganguly
Advocate, Kolkata
26831 Answers
726 Consultations

5.0 on 5.0

1. You can certainly deduct the arrears of rent and return the balance amount to him if he leaves your house.

 

2. If not, then adjust the entire deposit with the pending amount of rent while filing the eviction suit.

Krishna Kishore Ganguly
Advocate, Kolkata
26831 Answers
726 Consultations

5.0 on 5.0

Deduct the rent from the security deposits and send them a legal notice for eviction and return the security if they vacate the flat 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You are under no obligation to reduce the rent.

2. You are free to file petition for eviction and recovery of arrears of rent against the tenant.

3. If you have their security deposit then you can forfeit it towards the unpaid rent.

4. First send your tenant a legal notice through your lawyer. This can be done from anywhere in the country.

5. The petition for eviction has to be filed in Bangalore only.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You should send eviction notice to tenant and ask him to clear the unpaid rent as mentioned in previous rent agrement.

2. Yes you can refund security deposit after deducting pending rent. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You have send hima legal notice there after file a suit for possession and rent / eviction petition as per your rent there after due process of law the court will pass an order of eviction against him and you will get your possession. you can also file recovery of money suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

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