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Raj RH (Business)     03 June 2024

Tenants not paying rent for more 5 months and not vacating the house

Dear Sir,

My Mother and father jointly made a property – 2BHK on ground floor and a studio room with attached bath and a kitchen slab on terrace. In 2017, I lost my mother to cancer and in December 2023, I lost my father to heart failure.

When my father was alive, he had rented the 2BHK on ground floor to a family and he was staying in the studio room located on terrace. Since the time of his passing away, the tenants have not paid rent and keeps telling me about their financial problems. They are not willing to vacate the house as well.

Unfortunately, I am not sure where my father has kept the rental agreement. How do I tackle this situation legally?

Thanking you in advance.



Quick Summary
A homeowner is facing a difficult situation where tenants have not paid rent for over five months and are refusing to vacate the property following the owner's parents' deaths. The owner is seeking legal advice on how to proceed, especially without a rental agreement. The recommended course of action involves issuing a formal legal notice demanding payment of arrears and possession of the property, and if the tenants fail to comply, initiating an eviction suit.

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 June 2024

Arrange to send a legal notice to the tenant for rent due and vacatethe house.

Advocate Bhartesh goyal (advocate)     03 June 2024

Issue legal notice to tenant and demand due rent and ask him to vacate the rented premises, if tenant not comply with notice then file eviction suit against him on ground of default in making payments of rent and on other available ground..

T. Kalaiselvan, Advocate (Advocate)     03 June 2024

Firstly you issue a legal notice communicatig the information that subsequent to the death of your parents you and the other legal heirs have succeeded to their estates including this property that has been let out on rent to them. Then you can mention that since they have not paid the monthly rental month after the death of your father, they have committed default in rental payment hence they are liable to be evicted, therefore they may first enter into a fresh rental agreement with you and clear the arrears of rental payment, failing to comply with the legal requirement they will be evicted by the provisions of law. 

treacle thump   04 June 2024

You should notify the tenant of the rental term and not rent the house to him anymore.

https://www.lawyersclubindia.com/forum/imleadment-tunnel rush-of-director-in-rajasthan-rera-234303.asp


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