Upgrad LLM

issue with shop tenant


Hi sir, I have a shop of (10*8)sq.ft at Chennai, tamilnadu where a person name Raja age :50 approached us for tailoring shop on 13.03.2020 with oral agreement of Rs2800rent/month, direct EB bill payment and advance Rs15000. Where he paid token adv of Rs 3000. From 13.03.2020 till 31.07.2020 he didn’t paid remaining adv of Rs12000, neither rent nor EB bill of Rs.1208 for 5 month. Since it was lockdown period even shop was open all the days I didn’t asked for the rent &adv. But the last date for the EB Pymt is 31.07.2020, so I called him mid of July 2020 to pay the EB bill. But he used abuse words( I don’t have the recorded voice). Hence I disconnected the call. The next day, when he called me I said i am not interested to speak over phone and asked him to come in person to discuss. I waited till 31st July 2020 as he is not ready to pay the EB bill. Hence I paid the bill on 31.07.2020 which was the last date and I put additional lock to the shop. Till now he didn’t turned up, his mobile is switched off till date and iam not aware of his address. In the meantime many financial people who has financed him are approaching me. Since iam totally depend upon rental income Now I have faced financial loss from 13.03.2020 till September 2020 are: =18648(rent) +1502(EB) - 3000(token adv) Now he has to pay=17,150 Please advice what I suppose to do, i want come out of this issue and i want to rent the shop to others Waiting for your reply. Babu. Puliambedu, Chennai 600077
 
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senior

The 1st mistake you did  according to me,was not entering into written agreement with him. Second mistake was handing over the shop without receiving full advance. Third mistake was paying EB of the shop when it was occupied by him. Since he owed to many people I think he will not turn up. For further details/advise pl call me.


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File eviction petition against tenant on ground of " default in making payments of rent " and " non user of shop "I think  tenant will not contest the case and if he contests case he would have to make due payments of rent.

 
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senior

Brother Bhartesh Goyal first of all his whereabouts are not known and secondly there is no written agreement. Hence according to me the question of filing eviction suit does not arise. Hope you will agree with me.

 
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With due respect suri sahib, shop was given to tenant on oral agreement, this fact has to be prooved by landlord. Secondly  summons of eviction suit has to be served on last known address apart from this summon may be served through news paper publication and lastly if tenan does not unlock shop and does not pay due rent in that situation only remedy left with landlord is to file eviction suit on basis of oral agreement.

 
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Thanks for your immediate response, abd i have few mire doubts of  how long it will take to get a approval to open the shop as per court eviction notice and what could be the cost incurred for the whole process of court proceedungs.

Thanks and regards,

Babu a

 
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Advocate

It is impossible that there could be a definite suggestion as to how long the court procedute would take.

 
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Thanks mr venu for your updates. But i heard from an community group that for eviction court proceedings it will be 30 days (min) and 90 days (max).

And few members is suggestion to approach local police station to get it resolved (is it true?)

Note: i appologize for the above typing mistake

Exact statement is:

Thanks for your immediate response Mr Bharatesh Goyal, i have few more doubts of  how long it will take to get a approval to open the shop as per court eviction notice and what could be the cost incurred and duration8 for the whole process of court proceedings.

Please throw light on this to take correct decision to proceed further

 

 
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