File suit for eviction against tenant
Claim arrears of rent from tenant
Tenant not paying rent for more than 8 months
Corporate Tenant is not paying the rent for the past 8 months. And vacated the property by taking some of his stuff and left over stuff we placed in one flat and locked it. His watchmen left after 1 month. So for security we appointed our watchmen. And told the tenant the stuff we will handed over to you only if you pay at least one month rent. Tenant after few days came back and locked all flats of the apartment. And threatens us with criminal case. Can you please give advise?
Asked 3 years ago in Civil Law
13 Answers
Default of paying rent for consecutive 3 months is a ground for eviction. Since in this case he has virtually left the premises your option to recover the rent is by way of filing a suit for recovery of money.
You have right to break open the lock if it done in respect of premises over which he has got no right of tenancy.
Against his threat lodge a complaint of criminal breach of trust.
You should have taken an immediate legal action when the tenant did not pay the second month rental amount continuously.
Even now the action taken by you is not legally correct.
You should send him a legal notice demanding the arrears of rent as well as to vacate the rented premises for default in rental payment.
You can initiate the legal action in this regard on the advice and suggestions of a local advocate for relief.
You need to file a civil suit for eviction and recovery of the rent. If he had locked the premises then claim the rent for the period it's locked along with penalty. Also file criminal complaint for criminal trespass against him for locking
Please terminate the contract and seek eviction of the tenant with payment of arrears of rent, by issuing a legal notice and in case of non compliance with the notice, by filing an eviction suit thereafter
After termination of contract you can claim damages from the tenant as per the contract, in the aforesaid suit to be filed
1. The lease agreement is not registered( i am the owner of the property but my father is handling it since i am in abroad). We don't know it has to be registered if it more than 1 year. Now building is in our possession. we removed all locks of all portions except the flat which has his stuff. 2. Can the tenant file a criminal case since we are holding his things?. Because he challenged with my father for any extent i will go to get court stay and criminal case. And when leaving he offered 1/24th of overall rent of all unpaid months. My father is aged and willing to comprise with that guy to seek NOC but i am not. How i need to proceed. Please advise. Thanks
Asked 3 years ago
Return his belongings
sue tenant to recover arrears of rent and to deliver vacant possession of premises
Yes you can file criminal aa well as civil proceedings as advised.
1. Immediately lodge a complaint with the police that tenant without paying rent has vacated the accommodation and if we demands the rent then he threatened to implicate us in false cases.Then in presence of the police break the lock of the accommodation and take possession of your property, make a list of the articles and put them aside on the roof then inform the tenant that to take all his belongings enclosing the list to be verified by the police.
2. File a recovery of rent case before the competent court after taking whatever amount he is ready to give but don't give anything in writing.
You can send him legal notice first and give warning of unloading all his stuff out of the flat and kept on terrace or parking in open space and you will be not reasonable for any act by God or natural law to his stuff. Only after paying 08 months half months rent to you then online his goods will be handed over to him.
First you take possession and allow new tenant so he can't put his lock in the flat and there crime on what basis he is going to file case. He himself left the flat and forcefully put lock on the door without coming for new tenant agreement after telling orally to him number of times like this you or your father has to say, that you have offered him to continue tenant ship with proper leave and license agreement with registered but tenant denied to do so and in middle of month left without informing you and kept few stuff. So his intention is clear not to pay rent in future as well. So we have more points to fight against him.
Do let me know if you are interested to send him legal notice and act accordingly.
Hi, it is better you can remove all his stuffs and take the possession of the property in your hand completely. There is no evidence to show that he has his stuff in your place.
You have send him a 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 should send a legal notice to the said tenant for terminating the tenancy and to claim the arrears of rent
- if no response , then file an Eviction suit before the court .
You were advised to adopt the procedures of law in this situation by first issuing a legal notice to the tenant demanding arrears of rental amount as well as the delivery of vacant possession of the rented premise.
If you indulge in any criminal activity by throwing away his stuff from the rented premise on your own without any court order, you will be termed to have committed an offence as per criminal law, hence the tenant has a good opportunity to lodge a criminal complaint against you with the police for trespassing his house, damaging his property or for theft of his personal belongings also.
If your father is not the owner then he cannot take any legal action on your behalf until he has been authorised by you by executing a power of attorney deed in his favor to act as your power of attorney agent.
If you reside in a foreign country then you may not be able to take any legal action sitting at a remote place.