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Suraj Kumar (Manager)     27 April 2020

Tenant violating agreement by stopping payment

One part of my house is rented to one tenant with 11 month agreement. He refused to pay rent for last three month. He stated that as he will not pay anything as rent in future and did not vacate my house. Can I lodge a FIR to local PS ? What action should I take ?


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 6 Replies

Kaustav Sen   27 April 2020

don't worry, just file a civil suit against him at nearest to your court, because you have that agreement paper with you...it is the main proof,.. you can easily win these case, if you had all geniune documents while agreement is done.

Parveen Bhatia   28 April 2020

you can talk or consult with legal matter on my phone and send your details on my emails, number is 8837755862 and email is chdbhatia147@gmail.com

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 April 2020

Originally posted by : SUBRATA HALDAR
One part of my house is rented to one tenant with 11 month agreement. He refused to pay rent for last three month.
He stated that as he will not pay anything as rent in future and did not vacate my house.
Can I lodge a FIR to local PS ?  What action should I take ?

 

1.  Since your mentioned story is a CIVIL matter, the Police will not register any FIR, unless you prove that Tenant does illegal activities.

2. Serve a proper Legal Notice to Tenant to empty the Flat. IF the tenant fails to vacate Flat, THEN you have no option but to file a Eviction Suit in the local Civil Court, by following due procedures of law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Real Soul.... (LEGAL)     28 April 2020

Just issue legal notice to your tenant and file for eviction instantly before it is too late.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     29 April 2020

You have specified that it is 11 months Agreement so is it License Agreement?  Is there any clause in that Agreement that due to nonpayment of the License fee/rent,the Agreement can be terminated by one month's notice? If yes then kindly follow the same by giving such notice to terminate that Agreement and if the Licensee/Tenant fails to vacate after the expiry of the period specified in your legal notice,then you have to file eviction Suit.  Please take note that it is Civil matter so FIR can't be lodged against such Tenant/Licensee until and unless that tenant /Licensee commits some sort of criminal offence.

LCI Team   14 May 2020

Hey Surata, 

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - 

https://www.youtube.com/watch?v=2-iyVqsW4kg from  - 01.50 to 06.14

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice! Hope you find this useful!
 


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