Tennant neither pays rent nor is willing to vacate premises
My family had leased out our ground floor to this gentleman and his family in early 2012 for a period of 11 months. On lapse of lease period, he had requested to continue to stay and we agreed, considering that he had an ailing mother. However there was no written agreement and it was all in good faith, or so we thought. In the meantime his mother passed away.
From the very start he wouldn't pay rent for months on end, but eventually he would pay up in bulk. However, since Feb, 2015 he has completely stopped payment of any rent. Since repeated demand fell on deaf ears, we asked him to vacate the premise. He would never officially refuse to vacate and instead give us dates by which he would leave. He would then come up with one excuse or another for failing to vacate.
He had, in the meantime, proposed that the security money that we had collected from him at the beginning of lease agreement should be adjusted against arrears and that he will pay the rest. We accepted his proposal, but as of today, he is neither paying the balance - after adjusting the arrears, nor is he leaving the premise. Now we are convinced that he is not going to leave at all.
So following are my queries:
1. Can we stop supplying water, considering that we have to spend money on electricity for pumping up water from underground reservoir ? If not, can we reduce the flow of water to a mere trickle ?
2. Can we forcefully take possession of premise, considering that my tenant has not paid rent for close to an year ? The last time he had made any payment was in Feb, 2015, and for this he was given a receipt.
3. Are we, under current situation, legally obligated to make repairs of his living area in case of any damage, or leaks etc.
What is the recourse available to us ?