Querist :
Anonymous
(Querist) 20 January 2012
This query is : Resolved
I own a flat which was rented out in 2008 and the tenant never paid rent for one year when I filed a Rcop in 2010,he paid 15 months rent in Nov'2010,on the orders of the court which was pay or eviction.with this payment he filed a petition in the Appeal court and continued non payment of rent for another 15 months.Again the appeal court issued an order to pay arrears of rent for 15 months or eviction after X.X.x,he filed a crp in the High court on X.X.x and paid cash on the 2nd hearing of crp during proceedings of the high court.And threatens to pay rents due only in next year.Can't I get an eviction order on the basis that he is a willful defaulter of rent.The market rental is 20k where as he is paying only 8k that too once in 15 months and after a legal battle.I am a senior citizen.Is there any citation that can be produced before the court in the next hearing.Please advice.
V R SHROFF
(Expert) 20 January 2012
laws are favouring tenants.
Advocate. Arunagiri
(Expert) 20 January 2012
As long as the tenant pays the rent you can not evict him. Be happy he is paying the rent after the court directions. Many of the tenants are not paying the rent and dragging the case for years.
If you want a increased rent, file a petition for fair rent, as RCOP.
Devajyoti Barman
(Expert) 20 January 2012
Currently you can seek relief of arrears rent only. For increase of rent you have to file separate case.
If the tenant violates the order of the high court so far as arrears payment is concerned you can file contempt petition.
Deepak Nair
(Expert) 20 January 2012
Well advised by the experts above
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