I had given my shop on rent and both parties signed the registered deed. However, after signing of deed/Agreement tenant is not giving rent since first month and even not taken possession of shop. Now it's 3 months no rent has been paid and he is not picking the call and even moved to another city. My query is 1- how I cancel the registered deed unilaterly and 2- Can I give my shop on rent to other party by signing new deed after sending calcellation notice to old party.
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inform tenant that agreement stands terminated on account of non payment of rent
2) invoke cancellation clause in the agreement
3) agreement must be containing a clause that on account of non failure to pay rent agreement can be terminated by giving one month notice
Send a legal notice to the tenant through registered post acknowledgement due. If there's no response to the legal notice for about 15 days from the tenant, you can let out the shop to the new tenant after executing a new rental agreement with him.
Since he has not paid the rent and not taken the possession, it stands cancelled. Enter into agreement with new tenant and go ahead.
your answer is in your query itself
issue a formal termination notice and then you can give your shop on rent to another party
Give to another party. No need of any cancellation.
- Since, that deed is registered then its cancellation is mandatory after executing a Cancellation deed.
- Further, as the said tenant has not paid any rent and even not in possession of the shop , and further he moved to another city , then you cannot execute a cancellation deed in his absence.
- Send a legal notice to him for the termination of the agreement/deed on the above said grounds
- if no response , then you can give that premises to another party on rent.
Dear client,
Sorry to hear about your situation. If a renter in India consistently misses rent, you have the right to end the contract. Lessors are granted this privilege under Section 106 of the Transfer of Property Act. Submit a legal notification in accordance with Section 106, detailing the violation and requesting possession in a reasonable amount of time. You can terminate the lease if the tenant doesn't follow the rules. Invoke Section 11 of the Registration Act concurrently, which permits a qualified authority to cancel a registered document. But doing so entails a legal procedure and can call for a court order. You can sign a new lease with a different party after it is canceled. To prevent issues, make sure the cancellation notification is valid legally and adhere to the correct protocols.
Hope this helps you.
Since the tenant had not shown any interest to continue the tenancy besides has not paid the monthly rental amount, you can issue a legal notice notifying him about cancelling the rental agreement and send it by registered post.
After that if he is not responding then you can take proper legal action by consulting a local advocate.
1. By issuing legal notice terminating the tenancy on the ground of non payment of rent etc. If tenant does not vacate the shop then file eviction case against the tenant and also claim arrears of pending rent and future rent till vacation of shop by tenant.
2. Yes, but prior to that shop is required to be vacated by present tenant.
You need to get him evicted by filing eviction suit. Yes you can cancel it unilaterally but if he doesn’t vacate you need to file case in court
