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  • Tenant defaulting on rent

Hi,

I own a flat in Hyderabad. It is on rent at a monthly rate of INR45,000 and we have an unregistered rental agreement. The tenant has been in the house since March 2022. We have been renewing the lease every eleven months and the last lease started in Jan 2025. In my last signed lease agreement there are no witnesses. The tenant had signed the agreement and posted to our address. Then we signed and sent him a copy. 

The tenant is late on his rent by one month and keeps on delaying the payment. Otherwise, he has been paying the rent electronically but with occasional delays. I believe, I may need to file an eviction and money recovery suit. I still have about 2 months' deposit that I received from the tenant. In this context, could you please let me know the following:

- Any lawyers who take up such work in Hyderabad
- Do I need to come personally to Hyderabad or can it be done remotely? 
- What would be the typical time required and costs if we have to litigate?
- Will lack of witnesses in the agreement be a problem? 
- Is it possible and advisable to file money recovery summary suit separately (i.e. without mixing it with eviction suit)

Thanks
Asked 8 months ago in Property Law
Religion: Hindu

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18 Answers

Number of lawyers on this website from Hyderabad contact any of them 

 

2) it should not take more than 2 years 

 

3) you can execute POA in favour of family member to appear on your behalf 

 

4) don’t file separate recovery suit 

 

5) file eviction suit and also claim arrears of rent 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

If the tenant has committed wilful default in payment of monthly rental amount continuously for two months or more then you can issue a legal notice to him instructing him to vacate and deliver vacant possession by giving him 60 days time to do so. The reason for eviction can affect the notice period, with breaches of the lease agreement potentially leading to shorter notice periods.

It may be noted  that if the tenant committed wilful default in payment of rent, for the two consecutive months, then the landlord is entitled to issue an eviction notice giving him time to vacate the premises and deliver vacant possession.

Failing to comply with the demands made, the landlord can file an eviction suit.

The time taken for disposal of eviction suit cannot be predicted owing to various factors involved in it and it may take more than two years also.

You can give a power of attorney deed in favor of your close relative in India to conduct the case on your behalf.

The litigation expenses and the lawyer's fee will be intimated by the lawyer who you may be engaging for this purpose.

Money recovery suit can be filed separately for the money you have lent to the tenant on the basis of the documentary evidences for proving the money transactions. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

You can appoint lawyer and file a eviction suit you don’t have to come you can do the needful from outside India 

all other questions and is yes

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Personal Appearance: Although some procedural steps need your presence, most of the process—filing and hearings—can often be done remotely by your attorney.

Time and Costs: Eviction actions usually take a few months to more than a year depending on the court calendar. Costs differ but anticipate attorney fees plus court fees; an attorney can give estimates based on your case details.

Witnesses to Agreement: Unavailability of witnesses is not a problem if you have agreements and payment records electronically if you have them. The Courts recognize such documents, but witnesses add weight to your case. You can locate experienced rental dispute attorneys in Hyderabad through local legal directories or property management companies or though an online research. Most lawyers deal with such cases professionally. You can also institute a separate money recovery suit for outstanding rent and deposit claims. It is to be noted that it is better to maintain eviction and money recovery suits separately to facilitate proceedings.

Process to be followed:

Serve a formal notice of eviction for non-payment of rent (over 1 month delay is eligible).
If tenant fails to comply, institute an eviction suit in the Rent Control Court with your rental contract, payment receipts, and ownership papers.
For recovery of rent, institute a summary suit in the civil court to recover arrears and deposit if not returned.
Adhering to the Telangana Rent Control Act and serving proper legal notices will be in your favour.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

 

1. You can search for property lawyers or legal firms specializing in landlord-tenant disputes in Hyderabad through online legal directories, local bar associations, or recommendations from friends or family. Websites like Justia, Legal Services India, or local law firms can be good starting points.

2. While it is often beneficial to be present for legal proceedings, many lawyers can handle cases remotely, especially for initial consultations and documentation. However, you may need to appear in court for hearings, depending on the case's progress.

3. Litigation timelines can vary widely. An eviction suit may take anywhere from a few months to over a year, while a money recovery suit can take a similar time frame. Costs will depend on the lawyer's fees, court fees, and other expenses, but it’s advisable to discuss this directly with your chosen lawyer for an estimate.

4. While having witnesses can strengthen your case, the lack of them in an unregistered rental agreement may not be a significant barrier. The signed agreement itself serves as evidence of the terms. However, it’s best to consult a lawyer about the specific implications in your case.

5. You can file a money recovery suit separately from the eviction suit. This is often advisable as it allows you to focus on each issue distinctly. Your lawyer can guide you on the best approach based on your circumstances.

It’s essential to consult with a qualified lawyer to get tailored advice and to proceed with your case effectively. 

Atavarish Varshi
Advocate, Navi Mumbai
15 Answers
1 Consultation

  • Unregistered lease without witnesses is still valid if rent < ₹50,000. Electronic payments support your claim.

  • You can file eviction + separate summary suit for unpaid rent. Filing separately is faster for money recovery.

  • No need to come to Hyderabad—can be handled remotely via Vakalatnama and affidavit.

  • Eviction may take 1–2 years, summary suit ~6–12 months.

  • Costs: ₹25K–₹75K in legal fees + court fee (depends on arrears).

  • Send a legal notice first before filing.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

  1. Any lawyer of some standing can successfully file an eviction suit and get the tenant evicted.
  2. You need not appear in Court physically, it can be done virtually through video.
  3. Under Telangana Court Fee Act, you need to pay a fee on aggregate of one year or rent i.e. 5.40L which  comes to around 8k apart from lawyer’s fee.
  4. If followed diligently, it will take two years to get the  tenant evicted but during pendency you can charge him any amount of rent.
  5. Absence of witness will not be a problem.
  6. In eviction suit arrears can be claimed, law does not encourage filing of multiple suit.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

- Since, the said rent agreement is for 11 months only then its registration is not mandatory 

- If the tenant is not paying the rent then you can evict him on this ground after filing an eviction suit 

- You can engage any lawyer of this website for the said work

- Yes, it can be done remotely , if you give POA to any relative in India. 

- Lawyers fees depends upon the person to whom you engaged 

- Since, there is relation of tenant and landlord not denied then lack of witnesses will not affect the case. 

- You can recover the arrears of rent in the same petition of eviction. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

You have to approach small causes court only for recovery of possession as you have rental agreement with tenant 

 

2) tenant is bound to pay arrears of rent and penal rent 

 

3) case would take a year or so to be disposed of 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

This case can be filed as an eviction suit only and not under specific relief act.

The rent during the pendency of trial will also be the same rent what he had been paying earlier.

Unfortunately the rental agreement was entered by an unregistered document hence the conditions are not enforceable in law.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

  1. Suing under the Specific Relief Act: Yes, you can file under the Specific Relief Act to seek eviction, as it allows enforcement of contractual rights. Courts are required to resolve these matters within 12 months, and eviction orders under this act generally cannot be appealed, which could expedite the process.

  2. Rent during Pendency of Trial:

    • Option A: If the lease agreement is silent or doesn't specify, the rent would generally continue as per the last agreed rent of INR 45,000.

    • Option B: If your lease agreement includes a clause stating that rent will increase to 4x the last agreed rent (INR 172,000 per month) if the tenant stays post-eviction notice, then that rent can apply once the notice is served, but it would need to be enforceable in court.

The rent charged during the trial will depend on the agreement and your legal claim.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

- Yes, you can file the suit under the Specific Relief Act as well

a. If you have already terminated the tenancy after sending a legal notice to the said tenant; then his possession in the tenanted premises is against the law , and hence you can charge an amount per day basis.

b. Yes, you can recover the said amount , if the rent agreement having such clauses. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

You have to get him sued under the eviction suit as you need to also get the possession from him. Specific relief act suit is applicable  But it also takes long time in Indian courts

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

1. The said condition in the rental agreement is invalid and illegal.

As it is since it is an unregistered rental agreement, it is not enforceable in law.

2. You have to find out the details of the person who has taken the property on subletting as sub tenant through your own sources unless you may not be able to establish your allegations for subletting without permission from landlord.

3. No, the society cannot be included in your dispute, it will attract adverse impact which may be fatal to your case.

 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Breaking the lock and taking possession is not a legal course of action. Filing eviction suit and vacation is legal way.

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

You cannot take  law into your hands .it is an offence to break open the lock and take possession of the premises 

 

2) you have to file eviction suit against the tenant 

 

3) you cannot force society not to permit tenant to enter the premises 

 

 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

1. Breaking the lock to take possession?

  • 🔹 Not advisable — breaking lock can amount to criminal trespass under IPC, even if agreement says so.

  • 🔹 Always evict legally through court.

2. Tenant hands possession to unknown third party?

  • 🔹 File eviction suit against original tenant (he is still responsible).

  • 🔹 In court, seek order to remove any unauthorized occupant too.

3. Can society deny entry to tenant?

  • 🔹 No, society cannot legally block entry without court order.

  • 🔹 You can make society a party in eviction suit and seek court order to restrict access after eviction is granted.




Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

1. As per law, you are not allowed to take law in your hand and without taking assistance of the police you should not break the lock , and hence you have committed offence.

2. You can evict the third person on the ground of illegal possession , however you can file a complaint to the police for trespassing in your property. 

3. Yes,

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

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