Tenant is absconded without paying rent
aman
(Querist) 17 May 2025
This query is : Open
Respected experts
I have a commercial property and I had given a floor of this property to someone on rent ,he opened a consultancy office in our building .in October 2024 he informed us that his office will be closed for few days .since then he did not returned back and did not pay the rent also ..his all furniture and fixtures are still in that premises ..we came to know that police has registered a fraud case on him ..after some days he contacted us from an international mobile number and said he has been framed in a false case and soon he will return back and resume his office in out building and asked us some time ..we said ok ..now it has been 8 months sometimes he pleaded that he has invested money to make this office so he will pay the rent and will take his furniture fixtures ..some times he says he will sell his furniture fixture and will pay the rent ..we were having this conversation of selling his furniture fixtures with him via whatsapp calls and whatsapp chats .. last month he said he is sending someone he will purchase his furniture fixtures and will pay our rent ..but no one came then I informed him via whatsapp msg that now we can not wait and we are selling your belongings by ourselves and will recover our rent ,he said ok …now suddenly after 15 days he is messaging that he will pay our rent and asked us not sale his belongings ..but he did not mention when he will pay and when he will vacate the premises ..I replied him that he has 7 days time to pay the rent else we will sell his belongings because we have to give this premises to another party ..his rent agreement is ending in july 2025 ..
Kindly guide me what to do in this case ..neither he is not paying the rent nor giving the date on which he will pay the rent amount.. we are helpless our premises is occupied we can not give it to any other person ..we have talen loan from bank to construct this building ..can we sell his belongings to recover our rent …
T. Kalaiselvan, Advocate
(Expert) 17 May 2025
You serve a legal eviction notice on him to his known address and send a copy to his whatsapp contact too giving him time to vacate the premises within one month because he has wilfully defaulted in rental payment and after that you may file an eviction suit to evict him from the premises.
aman
(Querist) 17 May 2025
Dear T. Kalaiselvan Sir
Thanks for kind reply ..I want to know if I file an eviction suit ,can I claim my rent amount which he did not pay for 8 months ? Will court give order him to pay rent amount ? Or whats the procedure to recover the rent ..
