• Tenant not paying rent for past 4 months

I had let out my flat to a person in Nagpur - Maharashtra, as per the agreement due to expire in August 2013, the tenant works in a PSU bank and had stopped paying the rent post the agreement expired, citing that in absence of a valid agreement, the rent cannot be paid. I did not want to extend the tenancy and as per agreement, gave the tenant notice to vacate the house 2 months in advance, however, they cited one or other reasons to not vacate and insisted on extending the lease if I really want to get paid. Budging to the pressure, I agreed and drafted a new agreement, with the same matter and new dates and sent to the tenant, now this time the reply I got is that the bank wont accept the agreement in its form and it has to be made in a prescribed format, which was never shared in the past 3 years.

When I spoke with the bank, they say that its a matter between the employee and his landlord and they cannot do anything about it. 
Now I want to start the eviction process and would like to know how do I go about. I had already sent the agreement signed by me to them, which is still with them, and not signed or submitted to the bank yet.
Please advice

Ashish Mudliar
Asked 9 years ago in Property Law

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2 Answers


You can file a case for eviction of the premises on two grounds:-

1. Nonpayment of rent

2. Bonafide Necessity

You can take both grounds alternatively, but you will have to establish the same before the court by way of leading evidence.

In order to further advise you about your grounds, a perusal of both the rent agreements and the notice of eviction is required.



Nishant Bora
Advocate, Jodhpur
111 Answers
36 Consultations

4.9 on 5.0

A tenant who defaults in paying the rent to his landlord has no right to continue in the tenanted premises. Go ahead and file a case for recovery of possession by removing the tenant on the grounds already mentioned by Mr.Nishant.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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