• Tenant not paying rent and not vacating rental shop

Hi,

This is Dhawal Rawat. We have built 5 shops in our ancestor property in Himachal Pradesh (Shimla) & all are on rent. The issue occurred with one of the tenant who rented our shop 8-9 years ago for store purpose. He is already operating from another shop in the same market and using our shop as store. 

As the tenant is one of the village relative so there is no legal rent agreement. Now problem occurred 2.5 years back when we asked him to increase the rent and he refused to do so. We asked him to vacate the shop if he can't pay the rent but he again refused and for past 2 years stopped paying rent also. We approached him many times to clear the dues and vacate shop on time but he clearly refuses to do so whereas all other tenants rent is getting increased in timely manner. 

Please note: All electricity bills are on our name only & currently my father is dealing with all the tenants . Please suggest how to proceed on the same.

Regards
Dhawal Rawat
Asked 2 years ago in Property Law from Delhi, Delhi
1) issue him legal notice to vacate the shop and for rent arrears . 

2) if he fails to vacate file suit for eviction .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Engage a local lawyer and through him issue a legal notice to vacate the shop and to clear the rent arrears and file suit for eviction in case he refuses.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Issue a legal notice terminating his tenancy , demanding payment of arrears of rent with interest and ask him to vacate.If he fails to do so, file suit for  eviction,possession, injunction and measne profit at market rate till possession is handed over.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
issue him legal notice to vacate the shop and for rent arrears , if he fails to vacate file suit for eviction .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) suit  may take some years depending upon pendency of cases in courts in your city . 

2) police wont take action  as it is a civil dispute . 

3) issue legal notice as advised .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Daer Client,In that case you should immediately issue a Legal Notice therafter file a eviction suit.If need more clarification or help then contact us.
Advocate Anurag Bhatt
Allahabad High Court
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
It depends on the pendency of suits in your local courts.  Police have no role to play in civil matters and the best method is to issue legal notice through a local lawyer.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
It is not a criminal matter therefore police complaint will not do. Follow as advised for civil proceedings. Whatever time it takes you will get market rent till possession.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hi, issue legal notice ask him to evict the property or other wise file a suit for eviction.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You have to disclose me that what is the rent of the independant tenant, so that it has to be decided in which court the case has to be filed.  Whether rent control Act (City small causes) or civil court under T.P.Act.  The rest of the matter I agree with the above experts.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
A. Issue legal notice to termination of Lease agreement.

B. Thereafter, file a suit against tenant with regard to eviction and arrears of rent

C. All suits will be disposed as per the quantum litigation ratio of the court.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0

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