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Nagendra Krishna   20 September 2021

How to evict a tenant from my shop who is not paying rent from past 2 years

I am a 68 year old person from Visakhapatnam. I gave my shop on rental to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also. So I tried to call him to warn him about these things but he didn't pickup the phone then.
So I locked the shop in Feb 2020 having no other option and sent him an sms to meet me, vacate the shop and pay the outstanding rent. He then came to and blackmailed me that if I didn't give him the shop back, he would harrass me through police. As I didn't open the lock of shop, he gave a wrong complaint against me in police station in July 2020 but police said him to pay rent first and then do anything in court or in the presence of elders. And like this 6 months passed.
Suddenly on 28th Dec 2020 at 2 am he came to shop and tried to break the lock of the shop. I heard the noise, video recorded it, called the police to stop this. And next day I filed an fir against him on which no action was taken till now. From then he stopped coming to the shop. But I am losing 2 yrs of rent because of him. I have no other sources of income aparat from this and my children are still young. Please tell me how can I evict him and collect my outstanding rent of 2 yrs.


 6 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     20 September 2021

What is the rate of rent and whether the property is covered under State Rent Control Act or Transfer of Property Act ? Consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
1 Like

G.L.N. Prasad (Retired employee.)     20 September 2021

The tenant can be evicted only through the process of court alone, hence local advocate is more competent to take further steps for eviction.

Advocate Bhartesh goyal (advocate)     20 September 2021

Issue legal notice to tenant and demand due case notice not complied with by tenant then file petition to recover due rent.Contact to local lawyer for further necessary action.

Nagendra Krishna   20 September 2021

Thank you Vasishta sir for giving me reply. Rent for the last time he paid is 4,500 rs sir. His whereabouts are not known to us. We heard that he moved to a new house.

P. Venu (Advocate)     20 September 2021

You should not have taken law into your hands. Instead, due process for eviction in accordance with the Rent Control Act in force in your State should have been initiated. Non-payment of rent is a substantial ground for seeking eviction.

H.JanakiManohar Rao (lawyer)     21 September 2021

Is there any rental agreement beween you and him if yes go legally otherwise you occupy y

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