LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

flawlessking (programmer)     09 April 2020

Asking for rent during lockdown

Hi, I have rented out my shop to a garment retailer and amid lockdown he isn't ready to pay the rent, he says since there is no business he will not pay rent for the current month. I understand that asking for rent in such crunch situation is not good but I want him to pay the current month rent next month but he says to waive off the rent completely for the current month and also untill the lockdown period. Now how is that possible? it's one of my major source of living. how to tackle this case please advise on what grounds I can argue with him. No ones even banks are charging Interest on moratorium, I just want my tenant to pay the rent next month that's it. but he say no business no rent. please advise.


Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     09 April 2020

Legally, he has no right to deny rent, as there were business and rent, etc were fixed expenses in no way connected with the running of a business..  Humanity should be on both sides and as rent is your sustenance, the tenant is not legally right in refusing to pay rent.  Some persons are misguided or they misinterpret some news to their own favor and depending on your earlier and future relations you may take further action.

1 Like

Real Soul.... (LEGAL)     09 April 2020

If he seeks amnesty  on humantirain grounds that is your prerogative   to grant or not, but legally if failed to give rent he will be defaulter and that is ground for eviction

1 Like

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     09 April 2020

Sir,

As the legal procedure goes, he has no right to waive off the rent completely. You can inform him of the provisions made by the concerned government in this regard and thus argue with him. Paying the rent at this very moment is not necessary and is not even possible seeing the pandemic and the circumstances hereby. However complete denial to pay the rent is legally wrong and you have the right to evict him however, only after the situations are easy and the lockdown is over. 

Regards

Shreya

1 Like

P. Venu (Advocate)     09 April 2020

You need to take a lenient view. Moreover, the court will not entertain any action to evict him on this ground.

1 Like

flawlessking (programmer)     09 April 2020

Thanks all for your concern. Really appreciate that, have made up my mind and things are clear now.
1 Like

Dr J C Vashista (Advocate)     10 April 2020

The tenant is bound to pay rent, which is his / her legal liability..

However, you may be lenient purlely on humanitarian grounds. 

K V S B L O G   12 April 2020

I have given notice on 1/3/2020 to my rented person to evacuate on 31/3/2020 as signed in rent agreement clause no 10 to give notice before 1 month but he is telling that he will evacuate after lockdown can evacuate him right now it's is a medical pls guide sir

K V S B L O G   12 April 2020

I had said just lock the shop if u have problem to move your medicine and funiture ,u can get your good move after lockdown and your good will be 100% secure

P. Venu (Advocate)     13 April 2020

This is a fresh query. Post it in a separate thread.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query