Non payment of rent and non vacating the flat

gaurav (Querist) 08 June 2014 This query is : Resolved
Dear Sir

I have given rent my residential flat on 11 months leave and license agreement. As per agreement I have to give one month notice to vacate the flat. All the cheques are bounced since 10 months. For last few cheques I have given notice under the bounced cheque case. However I want to vacate the flat immediately. 11 Month agreement is also finished 15 days before. Can i put my lock in the flat after giving 3 days notice? what else option is available to me, kindly let me know

thanks & regards

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Devajyoti Barman (Expert) 08 June 2014
you should not leave the flat without paying rent.
You may be prosecuted if you do that.

Raj Kumar Makkad (Expert) 08 June 2014
You are occupying the property of someone without paying anything and surprisingly are seeking illegal advice from the experts free of cost?????????????

Raj Kumar Makkad (Expert) 08 June 2014
We are here to provide legal advice and not to promote illegal acts and persons.

Kishor Mehta (Expert) 09 June 2014
Sir/s,

If I understand the query of Mr.Gaurav correctly, then he is the one to have given the flat on leave & license basis and the licensee is not paying rent and the cheques that he has given to Mr. Gaurav towards rent have bounced.

If my surmise is correct than I would like to add that Mr.Gaurav can not put his lock on the premises, he has to follow legal procedure to take possession of the flat. He has to appoint an advocate, issue the mandatory notice and file a suit for eviction in a Court of Law to get possession of the flat.
Good Luck,
Kishor Mehta

Dr J C Vashista (Expert) 09 June 2014
1. From the facts mentioned hereinabove, I agree with Mr. Kishor Mehta to a great extent of getting possession and rent arrears from tenant through legal process by engaging a local advocate.
2. However, I couldnot understand what the landlord was doing for the last 10 months when the (rent) cheque was being bounced one after another? Why did he not initiate any legal action in the intervening period?
3. What made him to wake up now?

elgin matt (Expert) 09 June 2014
I am in agreement with Mr.Kishor Mehta you will have to serve a notice of eviction through a lawyer and later file a suit for eviction.

Elgin John

Rajendra K Goyal (Expert) 09 June 2014
The eviction through court order is right procedure if he is not agreeing to evict the flat.

For cheque bounce case you should file case u/s 138 NI Act.

R.K Nanda (Expert) 09 June 2014
agree with experts.

Guest (Expert) 09 June 2014
Well advised by all the Experts

Sankaranarayanan (Expert) 09 June 2014
I do. Stand the question raised by Dr vashista. What the owner did these 10 months

ajay sethi (Expert) 09 June 2014
agree with Mr mehta

malipeddi jaggarao (Expert) 09 June 2014
Let the author Mr.Gaurav respond. I suppose, he has not given full facts.

Raj Kumar Makkad (Expert) 09 June 2014
How can we agree without the clearance from the side of the querist?

gaurav (Querist) 10 June 2014
Dear Friends

Thanks for such a response. Mr Kishore Mehta and Dr J C Vashishta are right in interpreting that I have given the flat on rent. And to the surprising of all I would like to confirm that yes due to some reason or another I was unable to follow for the recovery of rent. For 2 cheques I have given notice to the tenant and case have been filed. For another last 2 cheques notice issued few days earlier. The case can be carry on but my advocate had suggested me now not to give notice for vacating right now and i was bit confused for the same. Agreement period as per leave and license agreement has expired in May 2014.
ALso as per agreement i should give him one month notice to vacate or i can just give him 3 days notice to vacate and after expiring of notice period I can put my lock on my flat.

Thanks in advance to all

malipeddi jaggarao (Expert) 11 June 2014
Recovery of rent and eviction of tenant are two different aspects as you have already initiated action for recovery of rent by filing case u/s.138.

Ask your advocate to serve notice for vacating the house as per the terms of agreement. Otherwise until the previous case is settled, he will settle in your house without paying rent and without giving cheques also.

Raj Kumar Makkad (Expert) 11 June 2014
You should not only file the complaint under section 138 NI Act but should also give notice to vacate your house within 3 days.

Kishor Mehta (Expert) 11 June 2014
Sir,

Bouncing of cheques is a different incidence altogether and necessary legal remedy should be taken.

However, you should give a month's legal notice to the Licensee to vacate, you can not put your lock on giving 3 days notice.

You need not fear about the rent compensation, as per the Provisions of Section 24 of Maharashtra Rent Control Act, 1999 as amended up to date, you can charge double the license fees, per day, from the date of the notice till you get the possession.

Good Luck,
Kishor Mehta