• Lease agreement - tenant not paying - not ready to vacate or pay

We had entered into a lease agreement in the month of February 2021.
The property is an apartment which was supposed to be used for a hostel or PG. 
The tenant has not started any business in the premises till now and not paid rent since 7 months. 
He is neither paying rent nor agreeing to terminate the agreement. 
In the agreement it's mentioned that if not paid rent on time, the agreement can be cancelled by the lessor.. 
The confusion we have now is that, when we contacted an advocate to proceed legally to terminate agreement, he said that since the title of the agreement is LEASE AGREEMENT and not RENTAL AGREEMENT, legal solution will take a minimum of 6 months and might go on for 2 years and he advised us it's better to come to a mutual agreement with the tenant and get the agreement cancelled instead of approaching court. 
The advocate said if it was a rental agreement, we could get a quick solution from the court. 
Does the title of the agreement really make that much difference??
Asked 5 days ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

Issue legal notice to lessee to pay rentals for last 7 months within  period of 7 days of receipt of legal notice 

 

if he fails to pay filesuit for eviction of lessee

 

Litigation is long drawn and expensive proposition 

 

disposal of suit would depend upon pendency of cases in trial court 

Ajay Sethi
Advocate, Mumbai
83948 Answers
5461 Consultations

5.0 on 5.0

If you go for eviction in court in any kind of agreement for non payment of rent. You can get the interim orders of payment of rent from the tenant. He can't stay there for life without payment of rent. The court will pass interim order of rent to be paid to you

Prashant Nayak
Advocate, Mumbai
24144 Answers
51 Consultations

4.4 on 5.0

It depends upon pendency of cases 

 

you have no other option but to proceed legally if lessee refuses to vacate premises 

Ajay Sethi
Advocate, Mumbai
83948 Answers
5461 Consultations

5.0 on 5.0

Dear Querist

Immediately issue a legal notice to the tenant under section 106 of Transfer of Property Act-1882 and claim your arrears and vacate possession of the property within the notice period i.e., 30 days, if, after receipt of the notice the tenant is not ready to hand over the vacant property then file the case immediately after the notice period, you will win the case and also get your arrears along with interest and legal cost.

 

as there is a written lease agreement then it will not take much time, it may be possible that you may get your vacant property on the first date of hearing after filing his written statement under Order 12 rule 6 of CPC. 

 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6084 Answers
287 Consultations

4.9 on 5.0

- As per law , a tenant is considered as tenant when he pays the rent to the landlord regularly , otherwise he loose its status as tenant and deserved to vacate the tenanted premises. 

- Since, the said tenant is not paying the rent to you , then such rules of lease agreement will not applied as stated by your lawyer. 

- You can send a legal notice to terminate the tenancy and thereby ask for evict the premises. 

- If not vacated then file a suit for eviction before the court and claim the arrears of rent 

Your questions reply

- If he will not pay the rent as directed by the court then court will proceed for passing order for eviction.

- During covid-19 , it is difficult to say 

- If will not vacated the said tenant will pay the rent , otherwise you will get possession and can give another person on rent . 

Mohammed Shahzad
Advocate, Delhi
7909 Answers
84 Consultations

5.0 on 5.0

Dear sir,

kindly send a legal notice for the accrued rent which is persisiting from the last 7 months within a specific time frame for repayment with a condition to institute a legal proceedings.

Thank you

Anik Miu
Advocate, Bangalore
2424 Answers
26 Consultations

4.9 on 5.0

Whether it is a lease agreement or rental agreement,l both the cases are known as eviction lawsuit only, hence either of the case will consume almost the same time to get disposed. 

If the said lawyer is trying to woo you or diverting you by such inconsistent or irrelevant statements, you may better approach another lawyer with more experience. 

T Kalaiselvan
Advocate, Vellore
74043 Answers
1197 Consultations

5.0 on 5.0

You may have to file an execution petition to recover the rent as per the procedures of law if he fails to pay the arrears of rental amount. 

It is another case before court, hence it may also take its own time for disposal.

If you do not want the proeprty to remain vacant till the case is pending in the court then you may have to throw the existing tenant out of the proeprty by force(illegally) and keep another tenant, which of course is an illegal act, which may affect your case adversely and may become fatal to your case.

 

T Kalaiselvan
Advocate, Vellore
74043 Answers
1197 Consultations

5.0 on 5.0

He will be evicted if he doesn't pay. Legal process takes some time. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24144 Answers
51 Consultations

4.4 on 5.0

If there is termination clause in that lease agreement. You can act it accordingly to termination clause.

You can send s legal notice to tenant according to agreement and ask to vacate the premises or pay the rent.

 

 

Ganesh Kadam
Advocate, Pune
12185 Answers
150 Consultations

4.9 on 5.0

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