• Eviction suit and recovery of rental arrears

Sir/madam, there is a tenant who has defaulted rent for the past more than one year against who we filed an eviction suit, please advise if we should file a simultaneous rent recovery suit or after this eviction suit gets over? Thanking you
Asked 5 months ago in Property Law
Religion: Other

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

37 Answers

You should simultaneously claim arrears of rent and penal rent if any as per terms of your agreement 

 

if you wait till disposal of eviction suit your claim for arrears would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Hi, You can file an application in the same suit and request the court to  direct the opposite party to pay the rent or same has to be deposit before the court.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

In eviction suit you can ask for outstanding rent and damages for illegal use and occupation of the premises from the date of termination of tenancy , that is, from the date of receipt of legal notice for eviction by filing a  application in under order 6 rule 17 cpc for amendment of suit. 

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

If the tenant does not vacate the premises after termination of the tenancy, the New Tenancy Act entitles the landlord to compensation of double the monthly rent. Further, if there is a delay in payment of rent by the tenant, the landlord is entitled to charge interest at the rate of 8% per annum for the arrears of rent.

 

2) section 21 provides interalia 

 

The Rent Court may, on an application made to it in the manner as may be prescribed, make an order for the recovery of possession of the premises on one or more of the following grounds, namely:-

 

(a) that the landlord and tenant have failed to agree to the rent payable under section 8;

(b) that the tenant has not paid the arrears in full of rent payable and other charges payable as specified in sub-section (1) of section 13 for two months, including interest for delayed payment as may be specified for in the tenancy agreement or as prescribed, as the case may be, within one month of notice of demand for the arrears of such rent and all charges payable being served on him by the landlord in the manner provided in sub-section (4) of section 106 of the Transfer of Property Act, 1882 (Central Act 4 of 1982):

Provided that no order for eviction of the tenant on account of default of payment of rent shall be passed, if the tenant makes payment to the landlord or deposits with the Rent Court all arrears of rent including interest within one month of notice being served on him:

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

- If you have only filed an Eviction suit before the Court , and not recovery of the arrears of rent , then you will have to move an application before the same court.

- Otherwise , you can also amend the eviction petition as well for praying for the recovery of the rent 

- However, non-payment of the arrears of rent is a ground for eviction of the tenant. 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

You could have prayed for recovery of arrears of rental amount in the same suit with an additional prayer added to the suit plaint, by paying the requisite court fee for the purpose.

If you want to file a recovery suit separately, you can do so by producing the documentary evidences for the same attached to the new suit.

 

 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

 

 

Court proceedings can be brought for the recovery of unpaid rent. In many cases the tenant will have no defence against such a claim, and summary judgment can be obtained. This will then allow all the usual means of enforcing a judgment debt, such as sending in bailiffs or attachment of earnings.

If you have not filed a petition under  latest rent control act, then you can claim arrears of rent in the same petition.

 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

No

Mukund Kumar
Advocate, Rajkot
21 Answers

Not rated

Yes its beeter you send him eviction notice and then fike election suit. 

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

 Dear Client,

                   Relevant provisions under Chapter II, III , IV of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017 shall be applicable in this case.

Thanks & Regards

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

Yes it applies. You can file eviction suit for unregistered agreement too. 

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

Registration of rental agreement is mandatory 

 

Madras high court has clarified clarified that not registering the agreements would not bar jurisdiction of rent court to entertain application for termination of tenancy  or to gain repossession of rental premises 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

                 The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, (TNRRRL) mandates a written rent agreement and its registration, irrespective of agreement's tenure. Registration of rent agreement is mandatory in Tamil Nadu even if the rental period is less than 12 months.

Thanks & Regards

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

When you dont register a document, you have tried to reduce the expense or not paid necessary revenue to the government. That's it. 

Else the an agreement whethere it is registered or not, it is agreement.

Mukund Kumar
Advocate, Rajkot
21 Answers

Not rated

No petition will be entertained by rent controller court in Tamilnadu if the rental agreement was entered between the landlord and the tenant by an unregistered document.

You may not be able to claim remedy under the latest act if the agreement was executed by an unregistered document, however you can file a civil suit under the provisions of transfer of property act for getting desired relief.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

- Yes, it is applied. 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

Tenant cannot sub let the flat without your consent 

 

don’t add another lock to the flat 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Ask this problem to your lawyer and get filed application for stay restraining him to create third party interest. 

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Since you have approached court for remedy you may have to approach court once again for getting relief on other subsequent developments too.

You may avoid doing any such thing out of anxiety. 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

If the tenant has already moved along with all his stuff then you can send him a formal notice for returning the keys. Even after the notice if he doesn't do so then you can change the lock or add another lock.

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

You can send legal notice and proceed to file the suit as stated to you. 

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

- You can move an application in the said tribunal for handover the possession of the evicted premises after breaking the lock . 

- Further, if that proceeding is taking time , then you can also move an urgent hearing application before the tribunal.

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

As owner you should clear the dues and claim electricity dues from tenant 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

In any case if he is not paying the electricity bills, it becomes your duty to pay the entire dues before letting out the property on rent to a new tenant.

Therefore you can pay the same now and can claim it from him along with arrears of rent etc. 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

It is you choice you can either pay the dues now or after you have received the compensation from the tenant.

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

You can charge the rent for the period he has retained the possession of the same and not returned you rhe keys. 

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

- If the electricity bills not deposited by him , then you can issue a legal notice to him for the same , and if no response then file a recovery suit before the Court. 

- However, if the electricity disconnected due to non payment of arrears , then you can get installed the same after depositing the amount from your pocket. 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

Inform the court that tenant has vacated the flat and withdraw the eviction suit 

 

you can rent out the flat .no need to wait 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Yes you can open it and proceed with the case of rent against him and recover the outstanding. You can also find new tenant and rent the flat

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

If your purpose is solved and you don't want to continue the case anymore for any other relief, then you may file a memo for not pressing the case and can request the court to dismiss it.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Since the tenant has himself given you the keys and vacated the flat now you can give it on rent to some other person. Also, inform the same the court and withdraw the suit.

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

- Since, the possession of the said flat along with its key is already handed over to you , then legally you can open the said flat , and further can also let out to the same 

- However, you should inform the court that you have got the possession with the key of the flat . 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

Issue tenant notice to remove the unused old scooter from society premises 

 If any notice is received from society forward copy of the notice to tenant 

 

obtain court orders to direct tenant to remove scooter from society premises 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Since this doesn't belongs to you,  it would be better that you call him to take it away or you can put the vehicle outside your premises 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

- You can send a notice to the said tenant for removing the said scooter within a period of 7 days from the receipt of the notice , and mention that if not comply then scooter may be dispose of . 

- Further , if no response then you can also give information to the local police that there is an abandoned old scooter is lying for long time , and it belongs to a tenant who has already vacated the tenanted premises , and hence needs permission to dispose the same . 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

The Central Motor Vehicles Act, 1988 holds the police responsible for the removal of motor vehicles that have been abandoned or left unattended in public places. You should inform the police.

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

You can inform police about the same and ask them to do panchnama after that if no one claims. You can give a newspaper ad and sell it

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer