nlr (na) 27 April 2023

Suit for arrears of rent and damages

Tenant left my apartment abruptly leaving two months rent in arrears after adjusting deposit amount. Property is also significantly damaged. Can I file a suit for arrears and damages to the property? I do not know his new address but can find out. In the meantime, can I sell the property? Will any suit I file remain valid if I sell the property?

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Quick Summary

If a tenant leaves owing rent and having damaged your property, you can indeed file a lawsuit to recover the outstanding rent and the costs of repair. This is possible even if you subsequently sell the property, as long as you were the owner at the time the rent became due or the damage occurred. Transferring ownership of the property does not prevent you from pursuing legal action to recover these debts.

2 Replies

Advocate Bhartesh goyal (advocate) 28 April 2023

Yes, you can file suit for recovery of due rent and damages , no rrestrictions.It forms not matter whether you sell property or not ,if rent is due you can recover it through legal resources.

T. Kalaiselvan, Advocate (Advocate) 28 April 2023

You must be the owner of the property at the time of arrears of rent or the damages claimed.

There is no bar in transferring the property to any third person either by sale opr settlement or gift etc., in order to recover the amouint being claimed now.