Tenant not paying rent making excuses
2 years ago
I rented my 6 room house to a person for 11 months at Rs 10,000 Per month. This agreement is on paper. He stayed for 10 months and then in between he gave Rs 50,000 in cash but when he left the house after 10 months without any notice to me, he refused to give the remaining 50,000. He is telling me that, Rs 30,000 is given by him as the electric bill and Rs 20,000 is given by him for repairing small fixes in the house. He did not ask us about this repairing job which he did completely on his own without telling us anything about it. Also, he is lying about the 20,000 spent on repairing because he did work which could be done in 500 rs and never showed us the bill of the repairing job. In the agreement it specifies that electric bill has to be paid by the tenant and without the permission of the owner of house, you cannot carry out any repairing work at his expense. If we wishes to do any repair work it should be at his expense.
What should we do? What legal actions are possible?
You can take this matter in front of Rent Control Board and they after hearing the matter will resolve the dispute and accordingly provide remedy. A suit for damages for violation of contract can also be filed in a district court.
Thank You.
A.Dear Sir,
Get issue a legal notice under Section 106 of Transfer Property Act as follows and file eviction suit.
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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.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers .
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