Pawan (Engineer) 05 April 2014

Commercial rental

Hi,

We have commercial rental property in Jaipur that we have rented out 7 years back. This is on 11 month lease that is renewed every year.

From last six tenant start having money issue. His rent checks bounced and he started paying rent in bit/pieces.

Last month he just absconded by putting lock on the store. Now we are trying to get keys back from his family but they are creating issues for my Mom.

Here are few more details:

· Lease agreement is between my Mom and tenant Mom.

· Tenant is absconding as he owes lot of money from the market.

· We are trying to get the keys back. For security we have also put our lock on the top.

· His relatives are putting lot of conditions. Liking helping them to get money etc.

· My goal is help my Mom so we can get the shop evicted.

Please advise the steps we should take.

Regards

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1 Replies

T. Kalaiselvan, Advocate (Advocate) 05 April 2014

Firstly you should have issued notice to the tenant to vacate the premise for default of rental payment, upon receipt of the registered notice returned undelivered, you should approach the court (rent controller) with a eviction suit by pleading entire facts including the present locked situation of the premise and after getting a exparte order against the tenant, you should on an EP go for possession of the property with the permission to break open the lock with the help of police protection if need be. This ought to have been followed under such situations instead of hanging another lock over the existing lock on the shop premise.