bhasan (mba) 16 December 2010

Rent not paid and not vacating

I stay overseas and have given my apartment on rent in Mumbai . Tenant paid rent for initial 2 months and is defaulting on rent for past 3 months. Initially he told me that he will keep on depositing rent in my bank account which he did initially. As agreement is for 2 years, I am worried if he will ever pay rent as everytime he asks for one week extension and avoids taking calls and do not reply to emails. I am considering sending evacuation notice (as mentioned one month in agreement). What are options with me and procedure of vacating an apartment, even I feel he may harass me in vacating this apartment. Please advise.

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 16 December 2010

Issue notice to the tenent to vacate the house, any how he wont reply so file a suit for possession, before that a consult a lawyer and it is necessary to go thru., the bombay rent act.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 16 December 2010

This is a sensative issue and take help of local advocate , mistake in issue of notice will be fatal and such advice will go against you.

Uma parameswaran (lawyer) 16 December 2010

Yes. you have to approach a local Advocate.

H. S. Thukral (Lawyer) 16 December 2010

Payment of rent regularly is an important clause in any lease agreement. Non-payment of rent leads to forfeiture of lease. You can issue a 15 days notice to the tenant as per section 106 of the Transfer of Property Act terminating the lease and handing over of vacant and peaceful possession to you. If he defies, you can file a suit for possession/arrears of rent and damages. Notice can be issued through your lawyer.

Triloknath l pandey Adv. (Legal Officer.) 16 December 2010

By filing a suit will not solve the problem as you are not residing in mumbai because in a suit for possession you have to prove your bonafides before the court that you doesnt have any other premises to reside.

m.r.chouhan (lawyer) 24 December 2010

From you quries it is not clear whether your appartment is of owner ship or you your self is the tenant, it is better advisable to contact your advocate who has made the agreement because he know better your position then you r incomplete enquries, because in proper knowledge may harm you by lossing you peace of mind.