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??
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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
What happens if he does not pay the rent within the time frame issued by court. Will the legal process be long? We do not want the property to be vacant for months/years until the case is in court. We have another tenant willing to occupy the property.
It depends upon pendency of cases
you have no other option but to proceed legally if lessee refuses to vacate premises
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.
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- 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 .
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.
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.
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.
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.