• Rental agreement

Hi Team,

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.

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.

Thanks,
Shivaramakrishnan G
Asked 12 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
as per you question you should issue legal notice defaulter of rent due of 8 month , moreover you have not extended the rental agreement you have to vacate the premises in default of rent and give 3 months of time period.
If he fail to reply the notice you file the eviction suit in Rent control court for eviction, for eviction consult your local lawyer 
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
1) issue him legal notice to vacate for non payment of rentals 

2) if he fails to vacate file suit for eviction 
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
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1) it is always advisable  to  send legal notice before filing suit 


2) on receipt of notice tenant may pay outstanding rentals and you may not need to file suit for eviction 
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
Dear Sir, you have to issued a legal notice to him to vacate the said house by giving opportunity 15 days and thereafter you have to file the civil suit for ejectment against the said so called tenant (now he is a trespasser because of he is not having any valid rental agreement) before the jurisdictional civil court... if you want my legal service I will do it.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
If you have proofs of payment of rent by him as your tenants then that's enough and no further requirements of tenancy agreement is there.
Meet a local lawyer and send him eviction notice and thereafter file suit for eviction for defaults of rent and your bona fide requirements.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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A. In the absence of Rent Agreement, you need to issue a legal notice by mentioning all the details i.e, rent, deposit, arrears of rent, eviction clause and rent commencement date etc., by doing so, it will establish what are the terms of the oral contract is exist unless denied from the tenant in reply notice.

B. Thereafter, you can file an eviction suit before the Court if the tenant fail to response your notice properly. For your information, you don't enter the premises unless obtain tenant consent.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
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If you had entered into a rental agreement and if the same has lapsed by efflux of time then it is still mandatory to issue a legal notice to the tenant informing him of the same and then proceed to initiate legal action against him for the recovery of the possession and outstanding rents along with damages if any.
In case you do not adopt this procedure he may and can obtain an interim injunction against you from the competent jurisdictional court for your illegal actions.
If he does not respond then take the help of the local police station lodge a forma complaint and then under their supervision re-enter your demised premises and take possession after making a list of his belongings and items present at the time of re-entry, get this duly attested by two independent witnesses as well.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
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1. If there was no rental agreement executed then on what basis you call him 'tenant'? It seems that after the expiry of the original rent agreement there was no renewal of lease, in which event you should have filed the suit for his eviction in the court by now. Be that as it may, you should now file a lawsuit for recovering the arrears of rent along with his eviction.

2. You cannot enter the rented premises without his permission. He can be evicted only through court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. You can not evic,t him and/or entered into his premise kept under his lock and key without due process f law,

2. File an eviction suit on the ground of non payment of rent and for not signing the agreement before the civil court,

3. After receiving an eviction decree you can legally evict him and take possession of your rented property.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If the house is under his lock and key and he has kept his belongings inside, you can not break open the lock and take physical possession of the house without due process of law,

2. If you act as stated above without a court order, you may land in to serious legal problem including criminal charges,

3. Restrain yourself from the temptation of taking short cut way in recovery of property by passing the court of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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