Tenant defaulted in payment of rent - reg.

Vasudevan (Querist) 27 May 2020 This query is : Resolved
Learned Expert,

I have rented out two shops to a single tenant one at Ground Floor and one at First Floor. He has defaulted in payment of rent since October 2019. Further I had two shops at First Floor with common stair case. The other shop tenant has vacated some two years ago because of his menance which is lying vacant till date. The defaulted tenant is dumping his material in the stair case itself and making the whole stair case with shabby dust as he is doing sales and service of power tools. When I had asked for dumping his material in the stair case itself, he has answered very lethargically and behaved in a irrespective manner. Can I take some photographs of the stair case and file before the court for causing undue loss to me by making the other shop vacant by his attitude. Whether this can be filed as one of ground for evicting him besides default in payment of rent. Please guide me. My property is situated at Pondicherry. Whether a lawyer notice is essential before filing the suit. Thanks in advance.

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A landlord is seeking advice on evicting a tenant who has defaulted on rent payments since October 2019 and is obstructing a common staircase. The tenant's actions have also led to another shop remaining vacant. Experts suggest that non-payment of rent and encroachment on common areas are strong grounds for eviction. It's recommended to issue a legal notice and consider filing an eviction petition, potentially including a claim for personal use of the property.

Raj Kumar Makkad (Expert) 27 May 2020
What action have to initiated till to date as your tenant is not paying you regular rent of both the shops since October, 2019?

You have a very strong case to get vacation of both the shops on the ground of non-payment of the rent as well as of encroaching upon the common area od stair-case. You need not to ask from anyone for taking photographs of the site/strair-case which illegally stands encroached upon by your tenant. Legally you tenant shall have to tender the demanded amount of the rent within 15 days of the receipt of the summons of the rent petition to be filed by you before the Rent Controller of your area. You need not to serve a legal notice for this purpose, however, apart from the aforesaid legal position, my personal advice is that it shall be better to amiicably settle the issue as the cost and rental income of properties is expected to go down post Covid-19 so if on the basis of legal notice, the said tenant clears his outstanding and clears the common area and assures not to use it for his own dumping of material/stock then it shall be a good option. Your third shop is already lying vacant since last two years.

You cannot claim damages for the vacation of the third shop from your current tenant merely on the ground that he has encroached some portion of stair case.

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P. Venu (Expert) 28 May 2020
The facts posted are sufficient to seek eviction. In the petition you should seek the interim relief as to the unauthorized use of the staircase. Instead of taking photographs, the better option is to get a commission appointed, ex-parte, to investigate the facts and have the photographs taken.

Dr J C Vashista (Expert) 28 May 2020
Did you issue notice for payment of outstanding rent since October 2019 ?
If so, any response from tenant ? If no, issue / claim now.
Dumping of material in corridor is another and separate issue with separate tenant, it may not be mixed up.

Raj Kumar Makkad (Expert) 28 May 2020
Dr. Vashishatha! The issue of dumping of the material is not with the separate tenant but with the same tenant. The author has only one tenant occupying one shop at ground floor and another on first floor. The second shop on first floor is empty.

Sudhir Kumar, Advocate (Expert) 28 May 2020
you can go ahead on both the cases.

Vasudevan (Querist) 28 May 2020
Much obliged by the reply of Learned Experts. I have not issued any legal notice till date. Moreover, I need both the shops at first floor for my personal use. Whether, it has any impact on my claim? My sincere thanks to one and all of the Learned fraternity.

Rajendra K Goyal (Expert) 28 May 2020
You said:
I have rented out two shops to a single tenant one at Ground Floor and one at First Floor. He has defaulted in payment of rent since October 2019.
Reply:
Send him legal notice for payment of arrears of rent and vacating the shops.

You said:
The defaulted tenant is dumping his material in the stair case itself and making the whole stair case with shabby dust as he is doing sales and service of power tools. When I had asked for dumping his material in the stair case itself, he has answered very lethargically and behaved in a irrespective manner. Can I take some photographs of the stair case and file before the court for causing undue loss to me by making the other shop vacant by his attitude.
Reply:
Send clear legal notice for removing of the goods from common area immediately. You can take photos and videography of the area. Send notice for payment of loss suffered by you due to this.

You said:
Whether this can be filed as one of ground for evicting him besides default in payment of rent. Whether a lawyer notice is essential before filing the suit.
Reply:
Yes, it is a valid ground for getting the shops vacated. Legal notice should be served.

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Rajendra K Goyal (Expert) 28 May 2020
You said;

I have not issued any legal notice till date. Moreover, I need both the shops at first floor for my personal use. Whether, it has any impact on my claim?

Reply:

Contact your lawyer and send legal notice. Nonpayment of rent, occupying common area are your grounds. You can add the ground of requirement for personal use.

Raj Kumar Makkad (Expert) 28 May 2020
Why are you putting the facts of your query in peacemeal system? Who obstructed you to put all the facts at one go?

Raj Kumar Makkad (Expert) 28 May 2020
Anyways, the last ground is most suitable and well recognized grounds seeking vacation of the teneted properties these days in India. It shall be better to start using the vacant shop these days by you so that the tenant may not make it a ground that when one of the shops is vacant and unused then there the ground of personal necessity has no base. Though a tenant is not a person to assess the necessity of the landlord of the property but the courts decide the cases on merits.

Personal necessity is surely the strongest ground for you to get the vacation of your property.

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Dr J C Vashista (Expert) 29 May 2020
Move eviction petition after issuance of legal notice, before appropriate jurisdictional court on the grounds of non-payment of rent as well as bonafide requirement .

You have adequately been advised by experts on this platform. Now it is your call to contact, consult and engage a local prudent lawyer for necessary proceeding.

Dr J C Vashista (Expert) 29 May 2020
Thank your respected Makkad ji for correcting my observation, which I misunderstood for another tenant dumping waste material at first floor.

Raj Kumar Makkad (Expert) 29 May 2020
You are always welcome Dr. Vashishtha. This is our moral duty to analyse the comments in a constructive mind.

Vasudevan (Querist) 29 May 2020
Much obliged by the reply of Learned Experts. Shri Rajkumar Makkad Sir, sorry for the inconvenience of post on piece meal basis. I shall avoid this in future. Most obliged.

Rajendra K Goyal (Expert) 29 May 2020
You can approach this platform in case any further development in the case.

Vasudevan (Querist) 29 May 2020
Thank you Rajendra K Goyal sir.

Rajendra K Goyal (Expert) 29 May 2020
You are welcome.This is good platform for guidance in legal problems.

Raj Kumar Makkad (Expert) 29 May 2020
You are always welcome Mr. Vasudevan.

Vasudevan (Querist) 19 June 2020
Respected Learned Experts, I had contacted a lawyer who has suggested to file 2 separate cases for each shop and 1 money suit for recovery of defaulted rent. He has told that for money suit, we have to pay 10% of the amount in default to the court by way of stamp duty. How far will works out for getting possession of the shops. Please guide whether we moving in the right path?.

Rajendra K Goyal (Expert) 19 June 2020
Court fee differ from state to state, can search online in case of your state applicable to claimed amount.
finding of court can not be predicted.
Can have a second opinion from some other lawyer.

Raj Kumar Makkad (Expert) 19 June 2020
I completely differ with the opinion of the lawyer you contacted. Only one rrent petition shall be required to be filed and court fee shall be Rs. 10/- only. Such rent petition shall not only contain the relief of the eviction of both the shops but the recovery of the pending rent.

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Rajendra K Goyal (Expert) 20 June 2020
As advised earlier, you should have second opinion from another lawyer after showing him all the documents.
Court fee on recovery suit if any to be filed can be searched online.

Vasudevan (Querist) 20 June 2020
Much obliged by the replies of the Learned Experts. I shall discuss with another advocate for second opinion. Once again Thanks to one and all in the Forum.

Rajendra K Goyal (Expert) 21 June 2020
Again welcome, may revert in case of any further question on the problem.

Raj Kumar Makkad (Expert) 21 June 2020
You are always welcome as and when required.

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