Tenant not paying rent and refusing to leave 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?

Anik

Responded 2 years ago

View All Answers
A.Hello,
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to know whether your father gives rent receipt to that tenant or not. On the ground of non payment of rent, by giving Eviction Notice of 30days, if that tenant doesn't vacate that shop,then your father has to file Eviction Suit before the competent Court of Law.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconproperty issue
Dear Client, Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten yo...
question iconProperty
Dear Client, No other individual can sell your property without authentic documentation and consent. make sure you have had the right registered documents of the land and understand how the owner cou...
question iconCovered garage
Dear Client, The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...
question iconGovernment Land Occupying
Dear Client, The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
question iconBalcony extension
Dear Sir, Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.