Tenant not paid rent from Jan 2020 to till date & not willing to vacate
3 years ago
Hi Sir/Madam, I'm a senior citizen(67 yrs), we have our own house in Coimbatore. Currently tenant is residing from 2013 to till date. For the past 3 years they haven't paid rent on time and from JAN 2020 to till date they didn't pay rent for this matter we have sent five registered post starting from 22-11-2019, 18-12-2019,6-03-2020,29-6-2020, 14-8-2020. Finally we have given 1 month notice to vacate and settle the arrears amount on 29-8-2020. Agreement is renewed every 11 months, current lease agreement dated 12-12-2019 expires in NOV 2020. As we have plans moving to our own house. Kindly advice us what are our rights and how to proceed as the tenant is not willing to vacate.
You have 2 options. You may manage the police and get him vacated or approach civil court but it will take 12 to 24 months.
Please give me RANK FIVE (5) If my answer satisfies you
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You have already sent him a notice for eviction which is the first step, even after this if the tenant refuses to vacate your house then you are within your rights to file a suit for eviction, please consult a lawyer in that case.
Suneel Moudgil
Responded 3 years ago
2. if payment is not made despite service of the legal notice, you can file a suit for the recovery of the amount in addition to evict the premises,
3. chat, call records, WhatsApp record, letter, agreement, if relevant, can prove your case and are admissible as an evidence
Rajive Bafna
Responded 3 years ago
Advocate Roshan Khatri
Responded 3 years ago
Pooja Kulkarni
Responded 3 years ago
At the outset you are well within your rights to require your tenant to vacate the house. If they do not vacate the premises you may file an eviction suit. Alternatively if they do vacate the premises, based on the terms of the rental agreement, you may deduct the outstanding rent from the security deposit. Please note if you seek to explore any additional remedies against your tenant then the same requires review of your rental agreement.
Jagannath S Pawar
Responded 3 years ago