• Rent not paid to me - not yet vacated

Before two years i have given my flat on rent. From Jan 16 she has not given rent- rent 5000/- P.M.
She told by Jan 16 after her children exams over she could vacate my flat. now she is refusing to vacate. No agreement in writing so far. The advance she given to me is 25000/-. Flat is in chengalpattu in Tamilnadu state. Any legal advise for me pl.
Asked 1 year ago in Civil Law from Chengalpattu, Tamil Nadu
1) you must have entered into agreement for giving premises on rent 

2) terminate leave and licence on account of failure to pay rent

3)file suit for eviction 
Ajay Sethi
Advocate, Mumbai
38866 Answers
2180 Consultations

5.0 on 5.0

issue legal notice to her to pay arrears of rent and to vacate premises 

if she fails to do so file suit for eviction 
Ajay Sethi
Advocate, Mumbai
38866 Answers
2180 Consultations

5.0 on 5.0

The remedy for you is to file a petition for his eviction before the competent court. Default in paying the rent makes the tenant liable to be evicted from the premises. However, she can be proceeded against only as a trespasser as there is no rent agreement according to your own statement. 
Ashish Davessar
Advocate, Jaipur
21840 Answers
595 Consultations

5.0 on 5.0

Before two years i have given my flat on rent. From Jan 16 she has not given rent- rent 5000/- P.M.
She told by Jan 16 after her children exams over she could vacate my flat. now she is refusing to vacate. No agreement in writing so far. The advance she given to me is 25000/-. Flat is in chengalpattu in Tamilnadu state. Any legal advise for me pl.

In the absence of a written rental agreement, the tenancy is on oral agreement. 
Non-payment of rent is a grave mistake and the tenant is liable to be evicted for willful default in rental payment by giving a statutory notice in this regard. 
You may consult an advocate in the local and issue a notice directing the tenant to vacate the tenanted premise immediately within seven days for the willful default in the rental payment and also to pay the arrears of rent before vacating. 
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

what i have to do to vacate the tenant. she has refused to vacate my flat.

First issue a legal notice and then if she is not complying with the demand to vacate and pay the arrears of rent, an eviction suit may be filed before the rent controller court to evict her by due process of law for willful default of rental payment. 
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

any legal steps please.

You may follow the steps suggested in the above answers. 
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

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