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Jitendra (Manager)     18 March 2013

Vacate house from tenant with no rent agreement.

Hi Law gurus,

First, I would like to thanks to all experts for helping/sharing thiers valuable and legal advices on Lawyers Club India.

Here is my story:

We have a house in Rampur Dist of UP. My father bought a property on mother's name adjoining our parental property. We had two tenants living of my father's home for around 6 years but 4 years back we vacated that property from both of them. But we rented them my mom's property and we never did a rent agreement with them. Since both properties are adjoining the passage, water supply is common in both house. We have given them electricity form my father's house as there was no meter on the other property.

These tenant had bought 50 sqyrd property each near our properties and one of them taken an electricity meter on that property around 2-3 years back. Both of them then stopped using electricity from our side instead they start using the meter he has taken. The meter is currently installed at my father's prop.

Now when we asked him to vacate the property as we want to sell out the property to pay our loan. They are denying to vacate and stop paying rent. As precautionary action we complaint in the electricity dept that our tenant are using electrity from his meter in our house without our permission. Electricity dept disconnected his electricity line last month. They are now living withour electricity. FYI, they have already sold out the property on which one of them has taken electricity meter.

They did one more thing that they send out rent by money order but we did not accept it and when we are  asking for rent they are denying to pay and are saying we have deposited in court. When they send money order they send it to my father's name while they are living in my mother's property. We have not received any confrimation from the court that our tenant has deposited the rent. We are not sure if they really deposited in court or not.

Could you please let us know what legal action should we take now. Can we send them notification as one of them did  not pay rent for 1 year and other did not pay for 2 months.

Kindly advise.

thanks and regards






 11 Replies

Sanjay Gautam (Advocate)     18 March 2013

Send them rent demand notice through a Lawyer and failing which you can file the eviction petition in the competent court

Jitendra (Manager)     20 March 2013

Hi Sanjay,

Thanks for you kind advise. I want to know:

1) do we get any kind of notification that they have deposited rent in court. Do they not need to show any proof that they are our tenant while deposit rent in court? or just money order rejection is sufficient.

2) If they deposited rent in my father's name, what will be the impact. If we send them rent demand notice


Adv k . mahesh (advocate)     21 March 2013

first ask them why they had deposited rent in court thus they filed any case or you filed any eviction case to vacate them from the house 

because if the case is going on in court then court will order the tenant to deposit the rent into court bank account 

consult a civil lawyer who will draft you the notice and nothing will effect your rent and the property 

1 Like

Jitendra (Manager)     21 March 2013

Hi Mahesh,

How do we know if they have deposited the rent in court or filed any case? As so far we have not received any notification/warrant from court or any lawyer about it.

I just want to know what docuement are needed to deposited rent in court.???

Is it only that one(tenant) sends a money order to landlord and if landord does not accept it then tenant can simply go to court and deposit the rent?? If yes , Why does tenant  not need to show any rent agreement or any such proof that he is living on rent with the said landlord.

1 Like

Jitendra (Manager)     21 March 2013

Koi bhi kisi ko money order bhe de kehte huye ki wo rent bhej raha hai...jabki wo uska kirayedar nahi hai. Tou kya court kewal money order rejection ke base par kirayedar ko rent court me jama (deposit) karne degi.

Agar nahi tou kya kya documents chahiye court me rent deposit karne ke liye.

Agar haan tou landloard ko kaisa pata chalega ki tenant ne rent court me deposit kiya hai??

I would be very greatful if some could reply to above questions.



Sanjay Gautam (Advocate)     21 March 2013

Hi again, the court send the notice for a rent deposit case, So if ur tenant had deposited the rent in the court a notice has to be servrd to u., if no notice ever received consider it not deposited

Sanjay Gautam (Advocate)     21 March 2013

Hi again, the court send the notice for a rent deposit case, So if ur tenant had deposited the rent in the court a notice has to be servrd to u., if no notice ever received consider it not deposited

Jitendra (Manager)     06 May 2013

Hi Sanjay and all,

We have sent a notice to both tenants to vacate the house and pay the pending rent with in a month because we need that house for my brother who lives in Delhi wants to shift here as his wife is not well as suggested by our advocate.

Now few days ago we received their (tenants) reply and this is what they mentioned in the notice :

1) they say they are living in our propertiest for more than 16 years with Rs 100 as rent with some % increase on rent per year.

2) They say they were initially (around 16 years back) living in my fathers property at 1st floor and shiftet to my mother's property which is adjacent to my father's prop. in 2001 (on my brothers wedding)

-->while the truth is that we have vacated my fathers property in 2008 and after few months we have given my mother's property on rent to them. One more thing that some other tenants were living in my mother's property in 2005-2008 .

Yes these people were  tenant to my fathers property for 4-5 years (2004-2008) .

3)  One of the tenant saying that he has installed water handpump in my mom's prop. He lying bluntly here.

--> but the truth we have intalled the handpump a long back. Because as i said we had given that house to some other tentant and this handpump is being shared between us and the tenants. As there is no other handpump.

4) Same tenant is also saying that he has installed electricity meter on my mom's property

--> but the truth is he has taken that meter on his own property (50 sqyard land only without any construction work which he has bougth from my father in 2007 and taken meter in 2008)  . He has already sold out that land as is 2 years back.

Yes that's is true that they are using the electricty from that meter in our house.  We have raised a complaint that these tenants are using illegal meter in our house and  the electricity dept has disconnected their line but they somehow got it connected again.


Now could you please suggest us how to proceed for the next step . Can we file a case of 420 against them on behalf of their FALSE  reply.

Or should be file a civil case to vacate the house as 1 month is about to over.

Please suggest me similar case references so that we could better  plan the evacution process.




Jitendra (Manager)     06 May 2013


I forgot to mention one more thing that both the tenants has sent Rs 1100 courier (partitial rent) few days ago. Should be accept the money order or not? As in the notice we had mentioned to pay four month rent @550 / month.?


Kindly advise

rajesh tamil (technical)     14 March 2014

Dear Sir, A tenant who's staying in my house for past 43 months. didn't paid rent for past 37 months. RCOP filed in coimbatore court Tamilnadu state. in 11(4) section there is rent payment order for 2 times, 2 times court gave exparty. till there is no answer.he's asking further time in court. we're paying water & electricity bill for his usage. is it allowed to cut the water & electricity? Other portions are vacant in the home & we're ready to demolish the building. The building is more than 50 years old. can get conditional order from Madras Hi - court. for paying rent & eviction. Raja.
1 Like

johnsmitchals (employee)     28 March 2014

Every state has a basic tenant law that is in place when you don't have a lease. It's usually a 30 day notice on either side. Just google your state and tenant notice and look it up for yourself.

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