1) if tenant refuses to pay arrears of rent and vacate premises issue legal notice to tenant to vacate premises
2) file suit for eviction
3) if tenant does not attend court you would get exparte decree
Tenant not paying rent and out of India
I have rented an one bedroom apartment in Bangalore. the Tenant has not paid rent for the past 13 months and he has found a job and shifted to Saudi Arabia, initially i was able to reach him on phone and he promised to pay "IN TWO MONTHS TIME" as he had some job related issued, but he never paid up and from the past 3months he doesn't respond to any phone calls or messages. the tenancy contract has expired a year back and not renewed. What would be shortest way to get back possession of this flat so i can rent it out again.
Asked 7 years ago in Property Law
Religion: Muslim
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
4 Answers
1. Actually you should evict him with due process of law by filing an eviction suit for his not paying the rent for more than one year.
2. You can also send him a notice stating that he has handed over keys of his room to you and handed over possession of his said room with a request to allow him to keep his belongings for some time as his relative will take back those items shortly who never came.
3. You can open the lock and show as if he has handed over possession of his room to you since it will be difficult for him to convince the Court later on that he had left the Country and did not pay the rent for more than one year but still claim to be a tenant of his said room.
4. Do not keep any evidence of your asking for pending rent which otherwise also you do not expect.
5. Just get possession of your room and let it out afresh.
6. After few days send him another notice with a list of inventory of his articles kept with you and ask him to take it back with in next 5 days failing which you shall auction them before Society Secretary. Mrk copies of hese notices to local police and your Society.
7. After the stipulated period, you can either auction those properties and send him the money deducting your actioning charge or preserve those articles in your separate place.
8. The Second option is desperate step whereas the eviction suit is the best but time taking step.
File a suit for his eviction with his last known address in India if you do not have his address in Saudi. If he does not accept the summons from the court or does not appear despite his service being complete then the court will proceed ex parte against him. He is in possession of the premises, so he has to be evicted by following due course of law.
You can issue a legal notice asking to vacate the hose owing the non payment of rent followed by a case for eviction.
