Not paying monthly rent, paying in installments carry over balance
The tenant is not paying rent properly, paying the rent in instalments carrying over to next month , same cycle continues. Accumulations exceeds over Rs. 5lakhs. The lease agreement is upto 15/04/2017. But I have my own doubts about his vacating the flat on that date. What action can be initiated against him so that at least he shall vacate on the committed date?
Asked 8 months ago in Property Law from Bengaluru, Karnataka
1) if tenant has defaulted in paying rent on time you can terminate the agreement and call upon the tenant to deliver vacant possession of the premises and pay the rent arrears
2)if tenant fails to vacate inspite of notice you cna file eviction suit against him
The tenant has committed default in the payment of rent, which is a ground for his eviction. You can file a case for his eviction in the court and also for recovery of arrears of rent. You are not bound to wait till the expiry of the lease to commence the legal proceedings against him.
You have to go through the contents of the lease agreement wherein the conditions of agreement shall entitle you to initiate proper legal action against him to evict for default in monthly rental payment.
You issue him a legal notice stating that he is a wilful defaulter in the monthly rental payment hence as per the lease agreement condition under clause no...... he is liable to be evicted , therefore he is instructed to immediately pay all the dues failing which proper legal action for eviction shall be initiated against him.
This legal notice will indicate the steps to be taken in future also in this regard.
Though the lease agreement will expire in the year 2017, he can be evicted due to wilful default in the monthly rental payment.