Tenant not paying rent arrear

Querist : Anonymous (Querist) 01 June 2020 This query is : Resolved
I am the landlord I have rented a house(Chennai) for the past 6 years rent was not giving properly they were no financial support we said ok and gave some amount after now we understood they are cheating us and now it has gone to 7 lacs. when we ask they are threatening me. Can I lodge a complaint against the tenant? .I want to recover my money and how much cost it takes to send a legal notice, court fees,lawyer fees.

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If your tenant is not paying rent and has fallen into arrears, you have legal rights to recover the outstanding amount, but this is generally limited to the 36 months prior to filing a rent petition. You cannot file a criminal case for non-payment of rent, but you can seek eviction. It's advisable to consult a local lawyer experienced in civil cases to file a rent petition with the local rent controller and discuss the costs involved, such as legal notices, court fees, and lawyer fees. Any additional financial support provided beyond rent may require a separate recovery suit.

Raj Kumar Makkad (Expert) 01 June 2020
You have every legal right to recover the arrears of the rent but limited to 36 months prior to filing of the rent petition. You should engage a local lawyer dealing with the civil cases and should file a rent petition before local rent controller (court).You cannot file a criminal case on the ground of the arrears of the rent amount. You should seek eviction of the tenated property.

Dr J C Vashista (Expert) 02 June 2020
I fully agree and appreciate opinion and advise of expert Mr. Raj Kumar Makkad.
No criminal case/ complaint is maintainable for non-payment of rent.
You have allowed rent free/ forgone rent for 6 years, for which no remedy lies against tenant.
Is there any rent agreement in vogue at present ? If so, what is the rate of rent per month and period of tenancy? Do you want to evict the tenant or continue tenancy ?
Whether the rent agreement (if any) is registered / notarized or oral ?
Consult and engage a local prudent lawyer for proper analyses of facts/ document, professional guidance and necessary proceeding.

Raj Kumar Makkad (Expert) 02 June 2020
Thanks a lot Dr. Vashishatha for agreeing with my reply.

Rajendra K Goyal (Expert) 02 June 2020
Whether additional financial support was also given?
If yes, whether was given through Banking channel after obtaining request / documents / receipt?
Send legal notice for payment of rent and eviction of the property. File case afterwards.

P. Venu (Expert) 03 June 2020
You can initiate civil action, But no criminal action lies except on the alleged threats.

Rajendra K Goyal (Expert) 05 June 2020
You have every right to initiate legal action to recover your dues.

Raj Kumar Makkad (Expert) 06 June 2020
Your right to recovery shall be confined to 36 months prior to the filing of the rent petition.

Rajendra K Goyal (Expert) 06 June 2020
If you have given additional financial support, you have to file recovery suit for it separately.

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