caps (x) 15 November 2010

first time or habitual defaulter ???

hello...

senario 1: my tenant is not paying the rent for 6 months, so I send him a legal-notice to pay up the rent. he does and I dont have to go to court.

senario 2 : tenant does it again, defaults again for 4 months. this time I send him eviction notice & file an eviction suit.

my question to legal experts is,

will the court consider the tenant as habitual defaulter considering the 'senario 1' ? or

will the court not take into consideration the 'senario 1' as I have accepted the rent & not filed a suit ?

thanks.

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3 Replies

Suchitra. S (Advocate) 15 November 2010

Sir,

You have to convince the court by submitting the acknowledgment of the legal notice sent in the first senario and then the court will come to know the tenant is a habitual defaulter.

caps (x) 15 November 2010

Thanks for your reply.

can you please tell me one more thing...

does the court accept rent receipts as proof of default?

suppose the tenant defaults form January to June and after the legal notice pays up in July, so I issue receipts on that day of July for rents of all those months, so does that count as proof of default ?

thanks

Suchitra. S (Advocate) 15 November 2010

The receipts of rent paid are proofs for your tenant to show he has paid the rent. You have to satisfy court by producing evidence to show you had taken action for the default of your tenant.