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Q.Tenant not paying one month rent after vacating the flat

Q. Tenant not paying one month rent after vacating the flat

Let me put you in short that I had rented my flat in Jan this year.

A tenant approached me through online advertisement. He paid me two month rent one as advance and other as security deposit.

He stayed for two months starting from March to April. On may 12 he messaged me that he would vacate the house due to some medical emergency but had not paid the rent for that month. I messaged him back on WhatsApp that as per agreement he has to give notice of one month in advance and should clear all his dues including MAY month's rent to which he agreed.

I approached him in the month of June to clear all dues and vacate the house so that I can place another tenant. He came once in June and agreed to clear all dues.

Almost every month I messaged him on WhatsApp and requested him to clear the dues.He always cited either financial problems, job commitments and family issues and kept on asking time for the payment.

Yesterday when I again Reminded him of payment he said he will not pay anything except electric and water charges.

My point is the tenant approached in the month of May that he would vacate the house and has not paid for may month and wants to adjust the security deposit for the said month and actually vacates the house in June month. He was not available at flat for the June month.

As per the agreement he should give one month prior notice before vacating.

He initially agrees to pay but at last he denies.

What legal action can I take against him?

I have all conversation with me in my whatsapp.
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Showing 8 of 8 Responses

A. Dear Client,
First, send him a Legal Notice through an Advocate.
Second Step, File a Case in the Court of law through an Advocate for recovery of Rent with interest,and also legal expenses of the case you have filed.
Try to find out an Advocate through Vidhikarya.com
Shanti Ranjan Behera
Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 4 months ago

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A. Dear client kindly share your related documents for overview

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Deepak Bade

Experience: 9 Year(s)

Responded 4 months ago

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A. Kindly share your agreement copy.

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ARPIT BATRA

Experience: 11 Year(s)

Responded 4 months ago

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A. You can get issue a legal notice and the file a suit for recovery of amount.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. you have not mentioned that any agreement was executed! accordingly you should claim your rent. For details, contact some advocate through vidhikarya.com

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Rajender Prasad

Experience: 5 Year(s)

Responded 4 months ago

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A. It is evident that you have rented the demise premises in the month of Jan 2018 and remained till May 2018 and vacate the on what date of June 2018 it is not clear if he vacated the dimise premise after 10th of June 2018 then you have legally entitled to get the monthly rental from Jan 2018 to June 2018 as per provision of law. It is also evident that as per terms and conditions of agreement no prior notice for vacating the premises has ever served upon you which is a clear breach of agreement. Further if there is any terms stipulated in your agreement specifying that if no prior notice regarding vacate the demise premises is served upon the landlord in such circumstances landlord have legal right to forfeit the security amount if no so then you adjust the security amount in due rent and further for recover of rest dues rental amount you must file a Money Suit against the tenant before the competent Court of law

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Ajit Kumar Sinha

Experience: 24 Year(s)

Responded 4 months ago

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A. You can appropriate one moth rent advance for notice period. drd vedula gopianth senior lawyer

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Dr Vedula Gopinath

Experience: 31 Year(s)

Responded 4 months ago

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A. By advocate Rameshwor dadhe dear sir if one months advance paid or security deposit. U can consider as a rent . U get tow months rent . Don't go ahead

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 months ago

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