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.
Asked 3 years ago in Property Law from Nagpur, Maharashtra
Thanks Nishant for the answer, I am unable to send the said artifacts thru the portal as theres no option to attach files.
let me try to copy the text format for you..
=============Agreement on Rs 500 Stamp Paper===============
LEASE AND LICENCE AGREEMENT
THIS LEASE AND LICENCE AGREEMENT is made and executed on this 1st day of April 2013 between Sh. Ashish K Mudliar aged about 40 years occupation Employed R/O XXXXXXXXXX XXXXXXXXX. [here in after called “The Licensor” which expression shall whenever the context so requires or admit mean and include his heirs, executors, administrators & assigns. ] OF THE FIRST PART:
Ms. XXXXXX XXXXX aged about 39 years occupation Employed. [Herein after referred to as “Licensee” which expression shall wherever context so requires or admits mean and include successors and assigns]OF THE SECOND PART:
WHEREAS THE LICENSOR is the owner of the Flat 503, XXXXXXXX XXXXXXXXXXX Nagpur 440033 [ herein after the said flat or tenanted premises and where as the Licensee have
Approached Licensor to give the said flat on lease and licensee basis on terms and conditions here in after mentioned:-
1. The licensor here by grants to the licensee and licensee here by accept from the licensor that the license to use the said Flat no – 503 , XXXXXXX XXXXXXXXXXXX Nagpur – 440033, The licensor retains one bedroom of the flat to store their materials and license use of the remaining portion of the flat that includes one bedroom, two bathrooms, one kitchen and one living room.
2. The agreement shall be in force for the period of 11 months [Eleven months] effective 1st February 2013 till 31st January 2014 with NO FURTHER EXTENSION
3. The Compensation for the use and occupation of the said flat EXCLUDING electricity charges, water charges and any other incidental charges, shall be Rs. XXXX /- [XXXXXXXXXX XXXXXXXX only] per month commencing from 1st February 2013 & shall be payable before 7th day of each calendar month by DD/Cheque. The maintenance charges payable to the resident’s society subject to revision deemed by the society.
4. The Licensee shall be responsible for upkeep of the said flat.
5. At any time during the occupancy of this agreement the licensor and licensee shall have the option to terminate this agreement by giving one month notice in writing.
6. The license shall use the said flat for the purpose of residence, of the license and members of his / her family only.
7. The license shall not assign, transfer, sublet, or part with the profession of the said flat or any portion thereof.
8. The licensee shall not any time put claim of tenancy or sub – tenancy or any other or title in the said flat and this agreement shall not be constructed to create and such right whatever in favour of this licensee.
9. The licensee shall observe all rules and regulations and bye – laws of the flat act and the society.
10. The licensee shall not do any act or deed which may cause nuisance and annoyance the licensor or to the other flat owner of the said tenanted premises of the said flat.
11. The licensee shall hand over vacant possession of the said flat in the same conditions subjects to normal wear and tear to the licensor after expiry of this agreement, including all electrical fixtures, plumbing and sanitary wears.
12. The licensee shall bear and pay the electricity charges for the period of occupancy, on behalf of the licensor for consumption of the same as and when bills are received for the same with effect from the date of occupancy.
13. That in case the Licensee left the house locked beyond a period of 2(two) months without clearing the rent due, the Licensor shall have the right to unlock and take possession of the flat.
14. If the licensee delays handling over of vacant possession (Refer clause 2) beyond agreed period the licensor will have all the rights to take possession of the said flat without any notice or intimation what so ever.
15. The licensee accepts to give access to the locked room on demand of the licensor to carry out any maintenance and pest control activities from time to time.
16. The flat is licensed with electrical fixtures including ceiling fans, tube lights and a gyser and all these items shall be maintained during the use by the licensee and shall be checked while handing over the premises during vacation, any damages to the items will be recovered from the licensee.
IN WITNESSES WHEREOF, the parties there to have set and subscribed their hands the day and year first herein above written.
WITNESSES SIGNED BY THE WITHIN NAMED LICENSOR
(SH. ASHISH K MUDLIAR)
SIGNED BY THE WITHIN NAMED LICENSEE
=======================END OF AGREEMENT================
=======NOTICE SENT ON 26-NOV-2013========================
Ms XXXXXX XXXXXXXXXX
503, XXXXXXXXXX XXXXXXXXX
XXXXXXXXXX, Nagpur - 440033
Premises Vacation Notice – 503, XXXXXXXX Apartments, Nagpur
As you are aware that the agreement dated 19-Feb-2013 that grants the tenancy for extended period till 31-August-2013 has expired with no further extension permissible, and as of date (28-November-2013) the rent is overdue from the months of August 2013 till November 2013 along with other mandatory charges applied by the association.
Further to our discussion over the phone on reclamation of the property for my personal use and repeated pleas starting February-2013, to vacate, it is proposed that you need to vacate the property by 31-January-2014, as per your request to allow you to stay for some more time due to your absence from the town and on ‘humane’ grounds, I have granted you additional two months, from 1-Dec-2013 to find an alternate accommodation.
This notice is to remind you the due date by which you need to vacate the house, and reply in writing the confirmation to vacate the house or state the reasons why it cannot be done by 31-Jan-2014 and when can it be vacated – with firm date, if at all.
Furthermore, it is required to fix the termite problem in the locked room and hence, you need to provide access to the same by being present or handing over a duplicate set of keys to my representative to carry out the necessary pest control activities IMMEDIATELY. This is an urgent matter as the pest problem is damaging the house and has already severed the house due to the house being non-accessible for over EIGHT MONTHS now.
If no response to this notice is received within ONE WEEK of receipt, it is deemed that you accept to vacate the house by 31-January-2014 without any conditions and clear all outstanding dues including the rent till that time.
ASHISH K MUDLIAR
CC sent to: 1) Tenent’s office address , Nagpur 2) Pasted to the door
=======================END OF NOTICE ===================
This notice was sent by Registered post of which I have the receipts and signed ack from the tenant.
Hope this helps to guide further
Asked 3 years ago
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.
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.