I have question on the Rental Agreement. I have a tenant who has not paid rent for the last 8 months and not signed the Rental Agreement for the last year. I want to know if we can enter the house or if there are any other legal obligations we need to fulfill.
If he has not paid rent continuously you should have issue him a notice to vacate the premises and to pay the arrears of rent before vacating and handover the vacant possession, then you should filed an eviction petition through rent controller court.
We have tried to make multiple contacts. He has responded to us and informed that he would come down to clear the dues. however he has not kept his promise. This has happened multiple times. Now he is not responding to our calls
A proper legal notice and a case before the court is the only alternative, you cannot enter into his house, it will be considered as an illegal act of taking law into your hands.
Since there is no legal binding (Rental agreement) in current. Does it still require legal notice to be sent?
Since he is occupying the house as a tenant, you can apply due process of law only and cannot indulge into any illegal act against the tenant.
In the absence of any rent agreement, the tenancy can be considered as month to month tenancy hence if has defaulted even single month rental payment he is liable to be evicted but by due process of law alone.