Upgrad LLM

commercial office rental issue


Senior citizen had given out its office for rent but due to lockdown the licensee has not paid a single rent till date and neither replying to emails notice on rents and on contact thru mobile makes excuses that he will visit and meet and talk and discuss as he will come next day. But till date he has shown no initiative and lying at every point and making excuses.

what action should be taken as rental amount still pending for last 5 months and the owner is senior citizens and is feeling helpless. he says he had invested his hard earn savings for his old age for him and her wife so that they can survive on rents and now due to such irresponsible behaviour from the license feel helpless due to ongoing covid -19 situation. plz advice what action needs to be taken as the keys for the office is still with the licensee and he says he is in village and when he will come he will see what to do,now the owner is dependent on this only source of income which have left him in physical mental, health, family issue and financial issue for survival in his oldage. request for you advise and help.
 
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Practising Advocate

As per law to evict/vacate a tenant you have to issue  a due notice to the tenant and there after if he does not oblige then file a eviction suit in the civil court. The procedure is cumbersome and takes approximately not less than 2 years to get and order in your favour if it is contested. so better settle withe the tenant by negotiations.

 
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thanks for the advise , the thing is the licensee is not responding to any calls and notice and what negotiation is left to be done where the licensee is liable for paying the rent but he seems to be absconding like a criminal. Neither he is using the premises and neither has handed over the property key so that the owners can attempt to rent out to different party . the owner is loss on both sides.
 
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Practising Advocate

In your query you have stated "on contact thru mobile makes excuses that he will visit and meet and talk and discuss as he will come next day".
 

Any way  you may Meet an advocate and initiate eviction proceedings. this is the only Remedy available.

 
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sorry in regards to the Comms . yes he just keeps making excuses on mobile but never comes to discuss on the rentals he has kept the owners in a fix Licensee doesn't say anything on whether he wants to carry on or leave as he is unable to pay nothing from his end. Thanks again for your valuable advise and help grateful to you.
 
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