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Makarand (Asst. Manager)     08 April 2011

Tenant not paying rent, went to court

Dear Experts,

I own a flat in Secunderabad, In March 10 I got a good job in Pune so I shifted to Pune by Renting out my Flat. I have a notorised agreement on Rs. 20 Stamp paper. I have taken three months rent as security deposit.

From first month only tenant was not able to pay rent within agreed time, As I am paying rent in Pune I am having financial problems. Tenant didnt paid three months rent and was saying that you have three months advance. I gave him written notice two times to pay the rent but he didnt responded.

In October my brother in law got transfer to Hyderabad, so I gave tenant a notice to vacate the flat as I require it for my brother in law. On telephone he agreed to vacate the flat by 30th November. But on 27th November he paid all balance rent and served a notice to me for harassement and requested court for injuction. After that he has not paid a single months rent.

Now he is asking for out of court settelement, I think he wants to buy that flat on low rates as flat is located in prime locality. But I dont want to sell that flat.

I asked in the court for my monthly rent, but court has given injuction to him and asked us to go legaly to vacate the flat and didnt commented on rent part.

Please advice how can I proceed legaly to  vacate the flat and how much time will it take.

 

Waiting for your replies.



Learning

 3 Replies

M.Sheik Mohammed Ali (advocate)     08 April 2011

dont worry, flat owner having enlarge power in his flat, if you want revock from tenant either you ask own occupying or valuable reason, so you can send a notice to default rent, and we want own occpying. and make petition also in the same court.

Shailendra prasad singh (Lawyer)     09 April 2011

file a eviction suit on the ground of personal necessity. it is the single remedy to vaccate ur flat.

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 April 2011

Not that easy sir.


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