tenant not giving rent properly and threatening us
3 years ago
I am landlord i have rented a house rent is pending 7 lacs(previous balance) and jan2020 to april 2020 rent is pending.i am addding interest @2 % for every 3 months . .when i ask rent if they have maoney they will give otherwise no rent .if i ask rent repeately he is saying go to police station and complain i am ready to face the consequences .I have recorded audio,video what they said .kindly answer my question any JUDGE or LAWYER in working as landlord /tenant solving problem.i want justice and i am ready to face .kindly share email id so i can contact if any issues.
A.Hi
it appears that the tenant is intentionally not paying you the rents(the accrued outstanding of Rs7Lakhs plus non payment of rents from January 2020) is a clear signal that the tenant is contemplating litigation.
You should immediately issue an eviction notice granting 1 month time for vacating the premises and if the tenant refuses to vacate, you should file an eviction petition in the court immediately.
Please note that you should also file an interlocutory application asking the tenant to deposit monthly rents in the court during the pendency of proceedings. That way, if the tenant does not pay, court will forcibly evict him .
Hope this information is useful.
it appears that the tenant is intentionally not paying you the rents(the accrued outstanding of Rs7Lakhs plus non payment of rents from January 2020) is a clear signal that the tenant is contemplating litigation.
You should immediately issue an eviction notice granting 1 month time for vacating the premises and if the tenant refuses to vacate, you should file an eviction petition in the court immediately.
Please note that you should also file an interlocutory application asking the tenant to deposit monthly rents in the court during the pendency of proceedings. That way, if the tenant does not pay, court will forcibly evict him .
Hope this information is useful.
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Naveen Sharma
Responded 3 years ago
A.As already suggested to you, please give a notice to vacate the demised property (Notice to Quit) stipulating the time period of 30 days (or whatever notice period is mentioned in the rent agreement, if any) whereafter to quit and to seek damages/mesne profits for unauthorized occupation thereafter at some exorbitant rate (unless the rent agreement stipulates any rate of damages or mesne profits). If he does not vacate, then file a suit for eviction as well as for recovery of arrears of rent and damages. A suit of this nature will not fall in the category of urgent litigation, hence, after notice also you will have to wait until re-opening of courts, however, after 30 days fro the date of receipt of notice you will be entitled to claim damages at a higher rate if he continues to be in occupation. So safeguard yourself at the earliest by issuance of notice on the above said lines.
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A.Dear Sir/Madam,
You must immediately get issue a legal notice under section 106 of T P Act. Please give me Rank 5 if you feel my answer helped
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Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
You must immediately get issue a legal notice under section 106 of T P Act. Please give me Rank 5 if you feel my answer helped
===================================================
Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
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