Landlord vs Tenant Issue regarding rental property
10 months ago
I am the owner, out tenant has not paid rent for more than 2 months. Can we move on to evict them. If yes how to do so legally?
A.Dear Client,
From the content of the query, it is not clear whether any rent agreement was executed between you and the tenant mentioning a clause therein that on non-payment of rent for a consecutive two months agreement stands terminated forthwith and the tenant shall vacate the let-out premises within 10 days failing which necessary legal action shall be taken against him. Eviction of tenants through litigation is a lengthy and time-consuming process. Once the matter is subjudice before a Court, you have to wait for an favourable order of eviction and execution of said order that depends upon the variety of factors, like whether the amount of rent is a fair rent, whether any rent agreement or leave or license agreement was executed between the parties protecting the interest of the both, whether any breach of any condition of said agreement is caused by either parties etc etc. So, before going into litigation, you may negotiate the matter with tenant and resolve the issue amicably out of Court failing which you may serve a legal notice to the tenant advising him to vacate the let out premises. Apart, you can visit the office of Rent Controller and file a written complaint on the subject who after hearing you and tenant pass an order/instruction to resolve the matter. So, you may take a chance to evict your tenant in this way prior to the filing of an eviction suit before the Civil Court.
From the content of the query, it is not clear whether any rent agreement was executed between you and the tenant mentioning a clause therein that on non-payment of rent for a consecutive two months agreement stands terminated forthwith and the tenant shall vacate the let-out premises within 10 days failing which necessary legal action shall be taken against him. Eviction of tenants through litigation is a lengthy and time-consuming process. Once the matter is subjudice before a Court, you have to wait for an favourable order of eviction and execution of said order that depends upon the variety of factors, like whether the amount of rent is a fair rent, whether any rent agreement or leave or license agreement was executed between the parties protecting the interest of the both, whether any breach of any condition of said agreement is caused by either parties etc etc. So, before going into litigation, you may negotiate the matter with tenant and resolve the issue amicably out of Court failing which you may serve a legal notice to the tenant advising him to vacate the let out premises. Apart, you can visit the office of Rent Controller and file a written complaint on the subject who after hearing you and tenant pass an order/instruction to resolve the matter. So, you may take a chance to evict your tenant in this way prior to the filing of an eviction suit before the Civil Court.
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A.Dear client,
File a suit for eviction against him to have the premises vacated. The default by the tenant in paying the rent is a ground for his eviction. You can also recover the arrears of rent with interest from him by approaching the civil court.
File a suit for eviction against him to have the premises vacated. The default by the tenant in paying the rent is a ground for his eviction. You can also recover the arrears of rent with interest from him by approaching the civil court.
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