sunil kumar agarwal (proprietor) 25 December 2013

Wilful default by tenant in rent payment

MY shop is rented in Rajasthan and tenant deposits due rent of more than 5 months on receiving our notice under section 9 (4). Therefore, he escapes from prosecution. Then again does not deposit rent for next 4 months. As a normal law for every completed month of tenancy he is required to deposit rent by 15th day of next month.

1) Do I again required to serve him notice under 9(4) ? If yes then what is the sense in making a law where a tenant is required to deposit rent by 15th day of next month for which rent has become due. He may only deposit rent only on receiving notices for same and escape prosecution many a times

2) If he may be prosecuted as wilful defaulter ?

3) Any other recourse available ?

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4 Replies

Avadhesh Paliwal (advocate) 03 January 2014

you can suit a case for harashment and intentionally torture to your family and penalty of case expenses driven by you under section 9(4). so he can be victim of habitant criminal and will pay you the charges for harashment and tension. you can alleged on him that we can not live with him because he is not behvieur like a social man and my family and children may be loosed their peace full environment it may caused big loss of their carrier and health and taking unwanted profit of law (which is in favour tenant).

sunil kumar agarwal (proprietor) 04 January 2014

Dear Sir, My question is if we are required to give notice again and again under section 9(4) and each time can he escape by depositing rent of 4 months together. Then what is the significance in the act about the clause where tenant is required to deposit rent every 15th day of the next month for which rent has fallen due

Regards

Avadhesh Paliwal (advocate) 04 January 2014

Under section 13(4) 13(3) 13(5) TENANCY ACT YOU CAN BOUND TO TENANT TO PAY RENT ON EVERY 15 DAY OF MONTH.

vishal 13 March 2016

my shop is in punjab and my landlord is putting of my water supply despite of the fact that we have already taken stay in the court the landloard with the help of local police station harashing me a lot. what should i do?