Tenant not paying rent and refusing to leave
2 years ago
Hi,
My father has a shop which he had rented to a person who is using it as a godown. The tenant has occupied the shop almost 3 years now. My father and the tenant had a verbal agreement. The tenant has never paid the rent in time. My father had to always ask for the rent. Now, during the first lockdown he didn't pay for 6 months any rent. Last year (2020) in October my father asked for the rent and the tenant said he'd pay within 1 month but he didn't. Meanwhile the tenant would ask my father to come visit him certain days saying he'd pay the rent but when my father would go the tenant would say not today this day or that day. The tenant has been harassing my father like this since October 2020. The tenant has yet to pay 6000 rs (the rent he didn't pay during lockdown) and he has not paid for the last 2 months. And he's refusing to leave the property. Today me and my mother got into a heated conversation with the tenant and he said he'd pay tomorrow (7th August, 2021) some amount and he'd pay the rest of the amount within 30th August. But we are not sure how much truth is in this promise. I have recorded him saying he'd pay some amount of money tomorrow and the rest within 30th August. Now what are my legal options here and how can I proceed further given we don't have any written agreement?
Since there is no formal agreement, it is recommended that you create one so that you may legally charge him for his default. Although a verbal contract can be enforced, it is preferable to have a written contract. If the defaulter does not pay the compensation within the given period, you can submit a legal notice and subsequently start legal procedures.
Thank you.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Since there is no written agreement it is advised to make a written agreement in order to ensure that you can legally charge him for his default. You can enforce a verbal contract as well, but its better to have a written contract. In the present case, if the defaulter does not pay the compensation within the stipulated time then you can send a legal notice and then initiate legal proceedings.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago