Tenant not paying rent and planning to sublet
Murshid Alam
(Querist) 05 November 2014
This query is : Resolved
One of my tenants is not paying the monthly rent of Rs.500/- since 13 months. Since he was in financial problem, he requested to bear with me and he would pay the same at a time. As of date, he is defaulter. But, now, I have come to know from local sources that it was all his stories. He has some other intention in his mind. He is planning to sub-let on some lump sum amount. What action should I initiate at this point of time, before he sub-lets? Even if, he sublets without my knowledge ( as occassionally , I need to go out of kolkata for business purpose), what action can I take?
---- Murshid
Dr J C Vashista
(Expert) 05 November 2014
1. Issue legal notice for eviction and payment of arrears of rent.
2. Keep an eye on his (tenant's)activities and donot permit sub-letting at his own accord.
3. You are running out of time, act fast.
Devajyoti Barman
(Expert) 05 November 2014
1. Default of paymetn of rent is a ground of eviction.
2. Sub-tenancy without written consent of landlord is another good ground of eviction of tenant.
On this ground alone most properties could be got rid of tenants in WB as the rent law i.e. WBPT Act in WB is quite in favour of the tenants.
Rajendra K Goyal
(Expert) 05 November 2014
Sub letting and non payment of rent are grounds of eviction. Send notice to evict the premises.
ajay sethi
(Expert) 05 November 2014
issue legal notice for eviction on account of failure to pay rent
T. Kalaiselvan, Advocate
(Expert) 07 November 2014
Default of payment of rent is a very valid and strong ground for eviction. Issue him a mandatory notice to vacate the premises due to default in rental payment and file a suit subsequently.
Dr J C Vashista
(Expert) 08 November 2014
Although non-paymeent of rent is one of the grounds for eviction of tenant, as advised by the experts--I have similar opinion, yet the tenant shall be given an opportunity to pay/deposit arrears of rent within 30 days of passing the order by Rent Controller (under the provisions of Rent Control Act of your state)on filing of eviction petition by landlord/owner/AR for non-payment of rent.
However, if the tenant still donot pay/deposit rent and arrears of rent within stipulated period, shall be ordered by the Rent Controller to be evicted (provision of law is, by and large, similar in all State Rent Control Act).
