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Tenant not paying rent nor vacating
3 months ago
Right from the date of agreement on 20 Aug 22 to 19 JUlm 23 - which was registered also. The tenant is not paying rent nor vacating . the tenant issued a cheque of 72000/- which bounced twice. presently i am staying in Pune & the flat is in Mumbai, Thane 400605. The tenant is unashamedly taking the advantage of my not being able to look up regularly/ follow up
A.Dear client,
According to the transfer of property act, you may legally evict a person for any reasons. This is specified in section 108 of the Act.
Additionally you may also issue a legal notice of evacuation to the tenant. Upon such, if the tenant does not evacuate your property, you may file a case with regards to property trespass.
Trespass also includes in the cases where a person stays in a particular property even after the time has expired.
You may also refer to your rental board and ask them to issue a notice. You may also file a civil suit against the tenant in which he is required to pay all the balance rent in court itself.
Thank you
According to the transfer of property act, you may legally evict a person for any reasons. This is specified in section 108 of the Act.
Additionally you may also issue a legal notice of evacuation to the tenant. Upon such, if the tenant does not evacuate your property, you may file a case with regards to property trespass.
Trespass also includes in the cases where a person stays in a particular property even after the time has expired.
You may also refer to your rental board and ask them to issue a notice. You may also file a civil suit against the tenant in which he is required to pay all the balance rent in court itself.
Thank you
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A.Dear Client,
Eviction of a tenant can only be invoked at the termination of the lease or after serving a notice under Sec 106 of the Transfer of Property Act, 1882. So, in the given situation, it is advisable to serve a legal notice to the Tenant to vacate the let-out premises on the expiry of the tenure of the lease agreement within the extended period failing which an eviction suit shall be filed against him in the Civil Court for an order of eviction. If despite these requirements having been met, the tenant still refuses to vacate, the landlord shall have to file an eviction suit before the appropriate court of law. As regards dishonor of the cheque twice issued by the tenant against the outstanding rent, you need to serve a legal notice to the tenant and if the drawer(Tenant) of the cheque doesn't pay the cheque amount within the notice period, you can file a criminal complaint under Section 138 of the Negotiable Instruments Act before the Magistrate Court within whose jurisdiction the bank branch where the payee holds an account is situated within three months from the date on which the cheque was presented in the bank and dishonoured. Reach out to an Advocate for necessary guidance and steps.
Eviction of a tenant can only be invoked at the termination of the lease or after serving a notice under Sec 106 of the Transfer of Property Act, 1882. So, in the given situation, it is advisable to serve a legal notice to the Tenant to vacate the let-out premises on the expiry of the tenure of the lease agreement within the extended period failing which an eviction suit shall be filed against him in the Civil Court for an order of eviction. If despite these requirements having been met, the tenant still refuses to vacate, the landlord shall have to file an eviction suit before the appropriate court of law. As regards dishonor of the cheque twice issued by the tenant against the outstanding rent, you need to serve a legal notice to the tenant and if the drawer(Tenant) of the cheque doesn't pay the cheque amount within the notice period, you can file a criminal complaint under Section 138 of the Negotiable Instruments Act before the Magistrate Court within whose jurisdiction the bank branch where the payee holds an account is situated within three months from the date on which the cheque was presented in the bank and dishonoured. Reach out to an Advocate for necessary guidance and steps.
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