• My tenant has not paid electricity and gas bill amounting to 50 K and vacating house

Hi,
My tenant is vacating the house and has not paid electricity and gas bill for many months. What are the legal ways to recover the money from the tenant before and after vacating the properly in case he does not clear all dues?

Regards,
-Dileep
Asked 2 years ago in Property Law
Religion: Hindu

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12 Answers

Hi, you can deduct the same in the advance amount. Suppose, if you don't have any advance amount, then you have to file a suit for recovery of the money.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

I hope you haven't yet returned the security deposit that he/she placed with you. If not then deduct the arrears from it and refund the rest of the amount, if any left. 

If still you have some dues even after deducting from the deposit, then claim that much amount with 1% daily interest for each day delay and issue a legal notice for recovery of the same within 15-20 days of receipt of the notice. You need to mention the arrears in light bill and demand for the same within such period, failing which the tenant would be required to face recovery proceedings from the court. 

At the end of this 15 or 30 days from the date of receipt of such notice to the tenant, two parallel remedies are available with you: 

1. Approach the concerned police station of your area where the rented property is located and  place a private complaint  mentioning that the tenant has not paid electricity bills and the tenure of rent has expired and hence the tenant has cheated and defrauded you by embezzeling such and amount and adhering criminal breach of trust by not complying with his obligations as mentioned in the agreement.   

2. You can file recovery suit before small causes court or a rent tribunal placing claim of bills in arrears. Place rent agreement & electricity bills disclosing arrears in list of documents.

 

PLEASE NOTE :

1. Notice as mentioned above should be served to the tenant by way of registered post and copy of such notice and its acknowledgement receipts are to be preserved for your records as the same are required to be produced before the civil court.

2. Keep information about relocation of the tenant so that it becomes easy to serve him notice and sue him before the court. 

Pooja Ashar
Advocate, Ahmedabad
215 Answers
4 Consultations

5.0 on 5.0

adjust electricity bill and gas bill against his security deposit 

 

if you don’t have SD and he refuses to pay sue the tenant to recover the dues 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

You can deduct the pending amount or dues from the deposit amount he had deposited toward the rental agreement.

If ther is no advance amount in deposit then you may have to issue a legal demand notice and then file a recovery suit through court of law.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Firstly serve him a legal notice for the recovery within 15 days, failing to pay the bill amount to legal proceedings.

then you can file a recovery suit on the basis of pending bill by showing his tenancy.

Please ensure there is a electricity and gas in the agreement with the tenant. If the agreement provides expressly that the tenant has to pay the bill then you can recover from him.

As far as supply is concerned, the  supply would be restrained for the meter which is unpaid. 

Sanjeev Gupta
Advocate, Delhi
107 Answers
1 Consultation

5.0 on 5.0

disposal would depend upon pendency of cases in trial court 

 

2) legal fees vary depending upon lawyer engaged by you 

 

3) your personal presence may be necessary for filing case but not on each date 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1- If we file the lawsuit for recovery, how much time does it take?
A. As it would be summary suit it would take maximum one year to complete. However if the notice is not served to him or he isn't found at his permanent address as mentioned in the lease agreement, then in that case the purpose of filing the suit would not be served.

2- This house is in Delhi and I am outside of Delhi. Do I need to be physically present to file suit ?
A. You may execute power of attorney in favour of your known person residing in Delhi and tell him to represent your case there.

3- Is physical presence required every time there is a date?
A. No. Unless the court orders, your presence is not required.

4- What is the approx cost of filing suit and follow up till the end ?

A. It varies from advocate to advocate.

Pooja Ashar
Advocate, Ahmedabad
215 Answers
4 Consultations

5.0 on 5.0

1. The time taken for disposal of a lawsuit cannot be predicted owing to various factors involved in it. 

However the approximate time would be between two and three years. 

2. Yes.

3. Your physical presence may not be required for each and every date of hearing of the case. 

4. You can enquire it from the lawyer you may engage for this purpose. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1. It will take some time depending on covid situation. Normally in such circumstances it should not take much time 

2. You can file it through some poa. 

3. No

4. It can't be probable

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

- As per law, the said tenant is bond to pay the electricity and gas bill charges.

- You can issue a legal notice to the said tenant for the same. 

1. It will take not much time , however better to issue a legal demand notice firstly

2. No need to be present in Delhi. You can engage a lawyer for the same.

3. No

4. Depend upon the lawyer to whom you engage 

 

You can contact me for the said service in Delhi.

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Dear sir,

1. Get issued a legal notice to the permanent address of the tenant and e-mail/WhatsApp etc.

2. If he does not comply with it you'll have to institute a suit for recovery of money. Your physical presence is not required. You can engage the services of any Delhi based advocate. I can also assist you with the process. Civil suits usually take a long time to attain finality. It can take anything between 1-3 years. 

3. Expenses: Approximately 20k. Rest depends on the fees of advocate. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

issue a legal notice and file a recovery of money suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

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