Dear Experts please guide on below
In Mumbai a registered Leave and License Agreement for 11 months.
In payment terms no deposit taken and 6 months rent(License Fees) in advance taken, paid. Remaining 5 months rent will be paid before expiry of 6 months.
And 2 months advance written notice to be given by either party if they want to vacate flat and terminate the agreement.
Now Licensee (Tenant) does not pay remaining 5 months rent at all even after 11 months completion. And that Tenant vacates and leaves flat after staying for 8th months without giving written notice and handovers flat keys to neighbor.
That Tenant's new address is not known and in agreement he has given his native place address in Maharashtra.
Tenant blocked phone number of Licensor.
SMS and whatsapp messages are getting delivered to tenant.
Tenant's two witnesses are reachable but they are not cooperating.
What legal remedies available against Tenant for violation of terms and conditions of registered LL agreement ?
How can one recover remaining 5 months rent and whether it is recoverable for 8 months or 11 months.
Please guide. Thanks in advance
Legal Remedies Available Civil Suit for Recovery of Dues You can file a summary suit under Order XXXVII of the Civil Procedure Code to recover unpaid license fees (rent).'
This is faster than a regular civil suit and ideal when the amount due is clearly stated in a registered agreement.
Eviction Already Occurred Since the tenant has vacated, eviction proceedings aren’t needed. But you can still pursue damages for breach of contract. Compensation for Breach Under Section 24(2) of the Maharashtra Rent Control Act, you may be entitled to double the license fee as compensation from the date of breach until recovery.
Legal Notice Send a formal legal notice via registered post or courier demanding payment of dues. This strengthens your case if you proceed to court. Police Complaint (Optional) If the tenant intentionally absconded or handed over keys improperly, you may file a complaint under Section 406 IPC (criminal breach of trust) or Section 420 IPC (cheating).
Arbitration Clause If your agreement includes an arbitration clause, you can initiate arbitration proceedings to recover dues. Courts have upheld this as valid for recovery of license fees and damages
