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Aejaz Syed   09 July 2021

Tenants not vacating and not paying tent

We have a tenant with the rental contract since 1-12-2014.We need the property for own use and to renovate and sale it further.

We have been requesting the tenant politely since over 2 years to vacate. The tenant comes up with excuses and begs and asks for more time. Apart from not vacating, tenant have not been paying rent properly since 3 years. The Tenant asked us to adjust the advance  amount as rent, with the promise that he will vacate. However the Tenant have failed to vacate and not paying rent . The Advance amount adjustment completed over a year ago, since then the tenant is either not answering calls and not available at home. If coincidently find him in person he narrates grievances  begging for more time with promise that he will pay rent regularly now on , which he failed to pay neither has vacated the premises.  We have another tenant who turned like this tenant after looking at this tenant .

Finally we have reached a stage both the tenants now not paying rent. Together finding ways to avoid us , not answering calls and threatening with false case /notices.

Please advise how to proceed in this situation.
The contract was made by a GPA holder , who is not able to chase them due to his busy work schedule . due to the fact that the tenants do not answer calls, when reach their home to talk about it hide inside or escape to avoid us.



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 6 Replies

Anousko Das   09 July 2021

Indian Contract Act 1872 will govern any dispute arising in the rental contract. If the contract is still in force, then a written notice to vacate has to be provided to the tenants, such notice is called “eviction notice” and it has to be filed in Civil Court under jurisdiction of such property and a valid reason has to be mentioned i.e., vacating the property within the date/time that you wish the property to be vacated.

 
The 
Rent Control Act of 1948 provides the right to evict the tenant to the landlord under reasonable reason. Certain states have individual byelaws. 

 

In case the tenants do not reply to the notice or refuses to vacate, you must file an eviction suit against the tenants. A property lawyer can be hired for such suit. 

After this the hon’ble court may hear the matter and issue a final legal notice based on the gravity of the matter. 

 

Regarding the nonpayment of rent, usually rent contracts are subject to a time period and requires renewal, if it is under the contract, then you may send a legal notice in this regard and same procedure may be followed. Also, such contracts have mentioned consequences if the tenant fails to pay the rent on time. Such contract shall be produced to the court.

I hope it answers your query. 

Thank & Regards. 

Anousko Das. 

1 Like

G.L.N. Prasad (Retired employee.)     09 July 2021

Be practical and consult a local advocate that can provide you practical remedy.

suraj bihani   09 July 2021

issue legal notice

 

P. Venu (Advocate)     09 July 2021

You can initiate action in accordance with rent laws in force in your State. Non-payment of rent as well as bonsfide requirements of the landlord are sufficient reasons for seeking eviction.

Dr J C Vashista (Advocate)     10 July 2021

Issue legal notice followed by suit for eviction, recovery of arrears of rent and damages through a local prudent lawyer

Aejaz Syed   10 July 2021

Thank you for the Advise Sir,

I was told the civil matters can take very long time. However a good lawyer can expedite it. I am afraid of delays the tenant can buy to frustrate us. He seems to know a lawyer who is his friend.

Is there a way out where we can ensure or make him a obligation to pay rent either to us and or to court while the civil suit continues .

I would appreciate what can be a time frame for a worst case and best one.


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