Not paid rent for Six months by a tenant

KISHORE KUMAR JOSHI (Querist) 14 February 2016 This query is : Resolved
A tenant has not paid his rent for six months can he be ejected by filing a defaulter suit ?

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Anirudh (Expert) 15 February 2016
Depends upon the terms and conditions of the agreement.

Dr J C Vashista (Expert) 15 February 2016
Incomplete information qua location of property, rate of rent, period of tenancy, and other terms, however, file eviction petition.

Devajyoti Barman (Expert) 15 February 2016
Default in payment of rent is a ground for eviction.
But once you file a suit for eviction on this ground he will deposit the rent which is permissible and then this ground goes.

So to evict him you require to have other ground like bona fide requirement of the premises.

Rajendra K Goyal (Expert) 15 February 2016
Yes case can be filed for eviction.

Adv. Yogen Kakade (Expert) 15 February 2016
Send him a legal notice of termination of the lease on the basis of reasons you stated. Give him some time (15 days) to vacate the premises.. failing to which get the possession of the property.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888

Devajyoti Barman (Expert) 15 February 2016
Dear Jurycon Incoporation, I am quite curious to know how the author can get back the tenanted possession after 15 days on non-payment of arrears as advised by you.

Dr J C Vashista (Expert) 15 February 2016
I agree with expert Mr. Devajyoti Barman, the author has to follow due process of law to get possession of tenanted premises.

Anupam Lahiri (Expert) 16 February 2016
Agreed with Mr Barman. Default is definitely a ground. But in order to get a sure success, some other ground has to be searched.

The view of Juricon is not very convincing, given the facts of the case.

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