Eviction of Tenant not paying rent - urgent need yr inputs
Venitia
(Querist) 17 September 2010
This query is : Resolved
Dear Sir:
We have rented our 930 sq. feet apartment in Sitalapakkam in Chennai, Tamil nadu - Alandur court jurisdiction in 2008 with a 11 month rental renewable agreement rent started with Rs. 4000 p.m. and with Rs. 500 increase every year(Jan to Dec period). Our tenant started defaulting rent payment from 2009 and currently has stopped paying rent. He hasn't been available to us for renewal of the agreement also after 2008. He now threatens of going to the rent control board if we do not decrease the rent to Rs. 2500 and refund the money he has payed above 2500 the months he has payed rent so far. We are aware of the property value and rent in the area and what we have rented is less to the market rate as ours is two houses joined as a single house with 3 bedrooms. He has not responded to our courier letter, registered letter where we have requested settlement of rental dues and vacation of house on the grounds of non payment of rent. Also there are no rent control case on us and he has only been threatening us that he would file one. Lastly we sent a legal notice asking him to settle dues and vacate house - which he hasn't received as he is refusing to open his door or is either no present in the house during daytime.
We are ready to go legal - however request the below clarifications:
What should we next do?
Do we file an eviction case in the court? if he doesn't receive our court notice we sent through a lawyer by registered post yet.
Should we file a eviction case in the court next?
We have all proofs of non payment of rent so we will win the case how many ever years it takes but till then will he be asked to deposit the rent in the court till the case is over?
If we win the case will we receive the rent he has deposited during the case time and all his rental dues along with the lawyer case charges if we claim?
What other steps are we to take now?
The tenant is running away locking the house and not receiving any communication, court notices we are sending - so how can this be handled?
If we start the case now approximately how long is it going to take to handle this?
Kindly help us with your inputs.
Regards
Maria
9486463150
pawan sharma
(Expert) 17 September 2010
you can file a eviction suit after giving him a notice in rent Act or s 106 of TP Act as applicable, after conselt with an Advocate dealing with rent cases.
Venitia
(Querist) 17 September 2010
Dear Sir(s):
Thanks for the reply.
Also let me know the below:
On filing an eviction notice will the tenant be asked to deposit the fair rent in the court till the case is over?
s.subramanian
(Expert) 17 September 2010
He cannot contest the case without depositing the admitted arrears of rent. If he does so,you can file an application before the rent controller for striking out his defence and ordering immediate eviction.Do it fast.
Venitia
(Querist) 17 September 2010
Thanks sir we have already given him a legal notice with 15 days notice to vacate the house but he has not been available in the house to receive the registered post and absolute silence and no response from his side.
Can we will proceed with a legal case in the court now?
Kindly help us with a reference of a good lawyer who can take our case in the Alandur court,Chennai and also let us know the SECTION under which we are to file the case now.
Thanks for your inputs. Appreciate it!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 September 2010
