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cyberlawyer (barrister)     06 November 2020

Tenant locked the premise and defaulted rent for 4 yrs

Our tenant has locked the premise let out to him for commercial purpose and it has been around 4 years since he locked the shop and not paying any rent till now. The rental arrears comes to around 1 lakh and we have sent several letters by registered post but he just acknowledges receipt of the same and never turns up. 

In this situation can we proceed with opening up the shop and taking possession without court intervention ?. Since it has been 4 years I dont think there are any valuables inside the shop.and the sole intention of the tenant is to harass us.

Already he has defaulted in payment of rent 4 years back and we withdrew the case after he settled the arrears.

Do we have to approach the Rent control court to obtain an order of eviction or we can break open the premises ourselves ?

Kindly advise..

Thank you



 8 Replies

Isaac Gabriel (Advocate)     06 November 2020

Your presumption is correct.cosult a lawyer before venturing brek opening.

P. Venu (Advocate)     07 November 2020

What ever the situation, no one is expected to take law in their hands.

Kishor Mehta (CEO)     08 November 2020

The current rent control act, of the State where the property is situated, will apply. You should not take the possession without the order of a Court, it will be criminal offience. You have to file an eviction suit in a Court of Law to get the possession as also to recover the arrears of rent. 

Dr J C Vashista (Lawyer)     08 November 2020

Rent Control Act is a State subject which differ from State to State with some changes. Generally the Act has been enacted to protect the interest of tenants.

Where is the demised premises located ?

What is the rate of rent ?

Whether any written and registered rent agreement is in vogue ?

Did you issue legal notice to vacate and initiate any eviction proceeding ?

You did not post relevant information for consideration and forming an opinion and oblige.

It would be better to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.

cyberlawyer (barrister)     08 November 2020

Sir

Property is located at Salem

Rental amount is Rs.3000 p.m

Rental agreement is there.

Legal notice given but he just acknowledges receipt and never turns up. 

Eviction proceeding has not been initiated yet since we feel it is a tedious process. 

If we break open the shop is there any possibility that the tenant can take criminal action against us ?. Since the tenant himself is in default of arrears of rent cant we defend the proceeding (if he initiates by any chance) by citing the willful default made by the tenant ?

Thank you..

 

Kishor Mehta (CEO)     08 November 2020

The tenant can definitely take criminal action if the locks are broken and possession taken. Collection of arrears of rent is a civil matter and can not be an excuse for taking illegal possession.

Dr J C Vashista (Lawyer)     09 November 2020

Originally posted by : cyberlawyer
Sir

Property is located at Salem

Rental amount is Rs.3000 p.m

Rental agreement is there.

Legal notice given but he just acknowledges receipt and never turns up. 

Eviction proceeding has not been initiated yet since we feel it is a tedious process. 

If we break open the shop is there any possibility that the tenant can take criminal action against us ?. Since the tenant himself is in default of arrears of rent cant we defend the proceeding (if he initiates by any chance) by citing the willful default made by the tenant ?

Thank you..

 

Dear Cyberlawyer,

On the one hand you are seeking legal opinion and obligation qua eviction of tenant, presuming that, " Since the tenant himself is in default of arrears of rent cant we defend the proceeding (if he initiates by any chance) by citing the willful default made by the tenant" who may continue as it is now or may not approach the Court, in that circumstances you have the only option to seek legal remedy.

On the other hand you intend to know repercussion presuming that, "If we break open the shop is there any possibility that the tenant can take criminal action against us" which is totally illegal action on your part.

cyberlawyer (barrister)     09 November 2020

Thank you very much sir.


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