Non payment of rent by a tenant

KETAN J SHAH (Querist) 29 June 2013 This query is : Resolved
Respected Sir's

A 240 sq ft one room/kitchen was rented to a tenant in 1968 . Till 2009 this tenant was staying in this house. This original tenant expired in around 2009.Now his wife, 4 sons, 1 daughter, and 1 daughter-in-law are staying in this house. The tenancy is still in the name of the original deceased tenant.out of the 4 sons 2 are mentally unstable.

The family members of the deceased who are staying in the house have not paid the rent and other charges since 4 years. The landlord wants to correspond with the family members of the deceased tenant.

The question is while entering into initial correspondence what should be the address -
that is wether the landlord should call them THE LEGAL HEIRS OF THE DECEASED Mr ... OR THE OCCUPANTS OF THE ROOM NO .....

This would be initial correspondence before landlord takes any further steps to file a suit in small causes court.

Please advice

Thanking you in advance.

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Thyagarajan (Expert) 29 June 2013
Firstly the landlord should not have waited for 4 years to initiate any proceedings against occupants when the original tenant has expired.
If no rental contract is entered into family members and you after expiry of tenant you can always give a police complaint that the room is being occupied by unknown people against your will.
For police it does not matter whether the person staying are Mr.. or Mrs...
All you have to prove to the police is the tenant is no more and you have no intimation from any one claiming they are his legal heirs

Raj Kumar Makkad (Expert) 29 June 2013
It shall be legal to call them legal heirs of deceased tenants.

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