Tenet not paying rent and vacating the flat
I have rented a flat for the tenant in Mumbai. We had registered the agreement for 11 months with the condition that the tenant need to vacate the flat and security deposit, 2 mnt rent, will be forfeited whenever he misses the payment. The tenant had some business problems and started missing the payments and now he had dues which are more 8 months which he is postponing with the excuse of paying it afterward and still leaving in my flat.
We had served him the legal notice to vacate the flat in a Feb 20, which he again provided excuse of time because his child was in school and he is taking possession of another rented flat and will pay all dues. Suddenly during COVID lockdown, He left the premises with his belonging in the locked room. He had all his numbers switched off and not answering our calls to vacate the flat.
As per our investigation with building security guard, he had taken debt from a lot of people and people were coming to our rented flat to see if he had come again to live there to recover their dues as he is also not answering to their phone calls.
Also, we already open the lock and replace it with our lock with the consent of society to see if he had taken all his belonging or anything worst happens to him as indicated by a neighbor. Considering this we want to vacant the flat and rent it to other tenants as a hope of recovery outstanding dues are less and we can't wait for him to come and collect his belonging.
In the last few days, he replies to WhatsApp to come and settle the dues but still not responding to our call, and also we were able to get to know that he is leaving with his family in his village. We are not believing his words and considering his debt situation we no longer wish to delay vacating our flat. But a few of belonging which is still there in our flat.
Can you guide us with first, how can we remove his belonging and rent the flat to others. as per the agreement we can ask him to vacant the flat without any legal case in court as he had already missed the payment and we had served the notice where time to vacant is already over.
Second, how can we recover the outstanding rent from him as civil court suit will take years and legal fees can be more than rent to be paid?