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Krazy Krank   24 June 2023

what if tenet not receive legal notice

hello everyone
my tenant is not paying rent and not even vacating property.
when I send legal notice from advocate to tenant he denay to accept it.
what to do now. ?


Learning

 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 June 2023

File an eviction suit against the tenant.

Advocate Bhartesh goyal (advocate)     24 June 2023

You  can file eviction suit  against tenant on ground of default in making payments of rent and under other provisions of your State Rent Control Act.

P. Venu (Advocate)     24 June 2023

Refusal to accept a registered letter amounts to due service.

Krazy Krank   24 June 2023

i don't want to go to court by filling suit

T. Kalaiselvan, Advocate (Advocate)     24 June 2023

If you want solutions by legal process then you have no option than to approah rent control court with an eviction petition seeking to evict the tenant for the reasons you rely upon.

If you do not want to go to court then you may not get any relief nor any suggestion for an illegal act from this forum

Niharika Lohan   25 June 2023

Hi.  I’m Adv. Niharika and here is my take on your query.

If your tenant has denied or refused the service of a legal notice, then it is deemed by law to be served upon him. Now, the status of your tenant is that he is deemed to have received the notice of eviction and despite such notice refuses to vacate the premises. The remedy which you can avail at this point is to file a civil suit of dispossession against such tenant. The court can issue a default judgment in case the tenant refuses to accept the notice or remains absent on the date of hearing. You may also be awarded with monetary relief by the court due to the law violating behaviour of the tenant like compensation and advocate fees, etc.

I hope this helps, for further questions, you can contact me at niharikalohan@yahoo.com

Dr. J C Vashista (Advocate )     25 June 2023

Originally posted by : Krazy Krank

i don't want to go to court by filling suit

@ Krazy Krank,

If you do not want to go to Court but seeking obligation of legal advise of experts, why did you post the query ?

Just for the sake of time pass ?

Sidhhi   26 June 2023

Absolutely it's not a time pass. He/She wanted an alternate option to deal with such crooked tenants as our judiciary system is fraught with inordinate delays and many won't live till judgement is pronounced. Even if it's in favour execution is another big issue due to rampant corruption.

Niharika Lohan   30 June 2023

Hi.  I’m Adv. Niharika and here is my take on your query.
If your tenant has denied or refused the service of a legal notice, then it is deemed by law to be served upon him.

Now, the status of your tenant is that he is deemed to have received the notice of eviction and despite such notice refuses to vacate the premises.

The remedy which you can avail at this point is to file a civil suit of dispossession against such tenant. The court can issue a default judgment in case the tenant refuses to accept the notice or remains absent on the date of hearing.

On the merits of your case and discretion of the Court  you may also be awarded with monetary relief by the court due to the law violating behaviour of the tenant like compensation and advocate fees, etc.

I hope this helps, for further questions, you can contact me at niharikalohan@yahoo.com
 


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