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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? 


Learning

 10 Replies

N. Sivaprakash, Chennai 984099 (Advocate)     08 April 2020

Going to the Police Station for giving a Complaint depends on the influence you have on the Police. If it is not working out engage an Advocate for filing case for eviction on the ground of willful default in payment of rent. If in your place Presidency Small Cause Court is applicable you can also file a Petition for issue of Distress warrant as against your tenant. This will be a much simple process.

Gayatri Gayatri ( )     08 April 2020

Sivaprakash sir, what is small cause court? How do I know if is there or not?

SHIRISH PAWAR, 7738990900 (Advocate)     08 April 2020

Dear querist,

You have to file suit for eviction of tenant before civil court.

Regards,

Sayantan Misra   08 April 2020

Hello!

if the tenant is not paying the rents, then you can send him a notice to quit through a lawyer, and thereafter file a suit for eviction through your lawyer to get him out of the property.

Thank You!

Feel free to drop a mail for any further consultation.
offstatute@gmail.com

Shashi Dhara   08 April 2020

Issue notice to give rent if not suit will be filed for recovery of arrears of rent or if not evict

adv. rajeev ( rajoo ) (practicing advocate)     08 April 2020

Fist issue notice to pay the rent and giving time to vacate the house, after that file a eviction suit.

Gayatri Gayatri ( )     08 April 2020

sir, how to Issue notice to tenant to pay rent? is it through any lawyer or you want me to send a message on watsapp or email or mobile sms? kindly suggest. please

Gayatri Gayatri ( )     08 April 2020

sir, another thing is if I file eviction suit will I get my lost rent and the legal expenses back? kindly please suggest.

Sayantan Misra   08 April 2020

Notice to quit can be sent by you yourself, and sending a notice through lawyer is not mandatory. But it may be beneficial to engage a lawyer. and better than sending through WhatsApp/email/ message, send a physical notice through registered/speed post with AD. Keep a copy of the notice for yourself.

And, filing eviction suit will also allow you to get arrears of rent and damages from the tenant.

Thank You !

Gayatri Gayatri ( )     08 April 2020

Sayantan Misra sir thanks for your reply. you have boosted my confidence. my tenant is harassing me getting to my personal life too. I have some proofs in watsapp conversation too. I want to teach a lesson to that kind of persons.

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