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Mohammad Sharfuddin   24 November 2019

Tenant not vacating shop and not giving rent since 7 months.

Hello Sir. My tenant (owner of a commercial shop on the ground floor of my house) is not vacating the shop which we gave him for rent for 3 years on the basis of an agreement which expired in September 2019 , but he has not given rent until now since May 2019. We have only water supply in our power which we have already cut but still he has not vacated nor given rent. so my questions are :-

1). If we send him a notice for rent (only for rent and not eviction) , can the tenant plea in court and file a case against it on the basis of eviction ( even if our notice has no mention as such for eviction, for example, "if he doesn't pay the rent in this much time he has to vacate the shop" ).
As currently we are in no position(mentally and financially) to fight a case for eviction which takes around 10 years.

2). Or what are the ways by which I can get my rent ASAP without fighting an eviction case?

3). how much time does the process takes after sending him the notice to get my rent?

It would be really appreciable and grateful if someone could help me .
Thanks.


Learning

 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     24 November 2019

in case amicable settlement is not possible then serve legal notice and afterwords file eviction case in competent court
1 Like

Real Soul.... (LEGAL)     25 November 2019

It is better to make hin vacate by any means or file for eviction and that takes too much time but you will keep adding rent to your account.

1 Like

P. Venu (Advocate)     25 November 2019

Non-payment of rent, if willful and persistent, is a ground for seeking eviction. However, you need to follow the due process as laid down by the rent law. It is illegal to disconnect the water supply whatever be the provocation.

1 Like

Dr J C Vashista (Advocate)     26 November 2019

Seek revoery of rent and proceed to get the demised premises vacated through the process of law.

It is advisable to consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.

1 Like

Mohammad Sharfuddin   21 December 2019

Okay. Thanks everyone for your replies. Really Appreciated.
PS:- my tenant still hasn't given rent nor we have taken any legal action. He asked as to give him one month of time for him to vacate let's see.

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