Gayatri Gayatri ( ) 08 April 2020

problem with tenant

Hi Experts, kindly suggest me what to do.

The below is running before corona... In fact from last 2 months.

My tenants is not paying me rent.. When I am asking him to pay rent dues and to vacate my house he is saying that he will take his own time. I have a rental agreement between me and my tenant written on a normal white paper. Every time I am asking about rent he is getting to my personal details etc. I have some watsapp conversation too. And also bank account statement which shows from how many months he is not paying rent.

Kindly suggest me what to do ? One everything gets settled in the country would like to proceed per your suggestions.

Can I approach police station for this? Or do I have to approach a lawyer?

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4 Replies

Adv. Mohit Matta (Litigation) 10 April 2020

Send a notice of eviction after things get back to normal as non-payment of the agreed rent is a ground for eviction.

Aruanbh Rajan 11 April 2020

Rent slips can be concrete evidence of the tenant occupying the property on a legal basis and hence you need not to have a formal rent agreement in case of proving your case here.

I have tried to divide the procedure into stages for you to follow to evict your tenant.

Stage I - Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property. The landlord must give a reasonable time to the tenant to vacate the rented property. In the majority of cases, the tenants leave the rented premises after receiving a legal notice from the court.

Stage II - File an Eviction Suit: The tenant may refuse to vacate the rented property after receiving the court’s eviction notice and contest the eviction. In this case, the landlord can hire a rental property lawyer to file an eviction suit against the tenant. The suit for eviction of the tenant is filed in a civil court under whose jurisdiction the rented property is situated.

Stage III - Final Eviction Notice: The court hears both sides and issues a final legal notice for eviction for the tenant based on the arguments and evidence present. The tenant has to vacate the rented property once the court sends the final eviction notice.

Feel free to ask and further queries.

Also see

https://www.lawyersclubindia.com/articles/Legal-Procedure-To-Follow-In-Case-The-Tenant-Refuses-To-Evict-Even-After-Receiving-a-Notice-By-Landlord-10961.asp

Gayatri Gayatri ( ) 11 April 2020

Rajan sir, can you share your email address or anything else. I want to share some watsapp content which my tenant has sent me involving into my personal life. I would like to know if I can file criminal case complaint on him in police station for this.