TENANT NOT PAYING RENT AND ALSO NOT VACATING RESIDENCE

Querist : Anonymous (Querist) 20 August 2010 This query is : Resolved
SIR I HAVE A RESIDENTIAL PROPERTY IN DELHI, WHICH IS GIVEN ON RENT FOR A PERIOD OF 11 MONTHS TO A TENANT FROM DEC 2009 ONWARD. THE TENANT HIMSELF REMAINS AWAY FROM THE CITY DUE TO HIS WORK OR SOMETIMES CLAIMS TO BE AWAY.
HE HAS NOT PAID RENT FOR LAST FOUR(04) MONTHS. WHILE CONTACTING THROUGH MOBILE HE ALWAYS SAY I AM AWAY OR COMING TOMORROW OR DAY AFTER TOMORROW (BY THIS HE BUYS THAT MANY DAYS AGAIN)OR SOMETIME DO NOT PICK PHONE AT ALL. THE RENTED PROPERTY IS LOCKED FROM OUTSIDE BY TENANT . WHAT ARE THE POSSIBLE ACTION WE CAN TAKE TO RETRIEVE THE RENT FROM HIM AND SUBSEQUENTLY GET OUR PROPERTY VACATED..

YOUR PROPER HELP/GUIDANCE IN THIS REGARD WILL GO LONG WAY INTO MY MEMORY

THANKS IN ADVANCE

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Devajyoti Barman (Expert) 21 August 2010
File a suit for eviction on the ground of reasonable requirement. If there is valid ground then the eviction would be made. In any case when the tenant would appear in the case he would be bound to pay the arrears and current rent.

Querist : Anonymous (Querist) 21 August 2010
SIR THANKS FOR YOUR EXPERT OPINION, BUT CANNOT I ASK FOR EVICTION WITHOUT THE GROUND OF REASONABLE REQUIREMENT, AS IN THE AGREEMENT ALSO IT IS MENTIONED THAT IF THE TENANT DOES NOT PAY RENT ,LANDLORD CAN ASK FOR EVICTION BY GIVING ONE MONTH NOTICE PERIOD.

THANKS AGAIN

G. ARAVINTHAN (Expert) 21 August 2010
you can approach rent control court seeking eviction of tenant on the ground of wilful default in payment of monthly rent

s.subramanian (Expert) 21 August 2010
Yes. I concur with Mr.Aravinthan.

H. S. Thukral (Expert) 21 August 2010
If your rent is more than 3500/- you can get the property vacated by filing a civil suit at the end of 11 months. But since the tenant is a defaulter which is essential condition of a lease, it(lease) gets forfeited. You can immediately file a suit for possession by terminating the lease by giving a 15 days notice. You can also recover arrears and damages. However if the rent is less than 3500/- you have to take recourse to Delhi Rent Control Act. The tenancy under DRC Act is protected and Grounds for eviction must exist for legal recourse. Default of rent is one such ground.

Querist : Anonymous (Querist) 21 August 2010
Sir, As per the above mentioned opinion does it mean that i can file suit for eviction without serving notice to the tenant..

(In our agreement it is mentioned to give a notice of one month), does this clause gets forfeited once the tenant is the defaulter..

kindly suggest..

Thanks Agin

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 August 2010
This is students querry not related to actual rality since recent and alone tanents can not dare to such mischief.

For other experts please note that once a period of one year is exceeded the tenency becomes protected tanency and that is why eleven months lease agreements are done.

H. S. Thukral (Expert) 21 August 2010
Dear Shashi Kumar Ji
With respect I beg to differ with you. The tenancy does not get protected if it exceeds one year. Only thing is that a tenancy (Lease ) has to be compulsory registered if it is more than one year involving payment of stamp duty which is normally 2% of annual rent. Therefore parties prefer to go for a lease less than a year. Tenancy is only protected if the rent control laws are applicable to it.

While I am directly addressing you, I may request you not to take a conservative view on queries whether the same are from students etc. Any person with a devilish mind can indulge in illegal activities whether it is recent or an old tenant. Hope you will take it supportingly.

c n vittal rao (Expert) 26 August 2010
Will default is a powerful ground for eviction even one months arrears are enough grounds to evict the tenant he cant pay arrears and avoid eviction even deducting money order charges while paying rent through post has been held as wilful default and tenant was evicted

TENANT NOT PAYING RENT AND ALSO NOT VACATING RESIDENCE

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