LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay   04 June 2024

Evict tenant

Hi, my dad made a rental agreement with the condition that if there is default in rent payment or breach in terms and conditions in rental agreement then the tenant has no rights in the tenanted portion and should vacate the premise without any notice period. Also he added the condition that the eviction message can be sent through phone or in person in rental agreement.  The rental agreement is also registered in tenancy.gov.in with proper stamp duty.  Now the tenant is not paying rent for the last 5 months and not picking up the phone/ not available in the shop. Only the sales girl is available in the shop. We asked him to vacate the shop though WhatsApp. He read the message too.  What can we do? Since he has no rights in the shop, can we lock it down? Please advice. I am not in India and my dad is 78. It's very difficult to look on him. 



Learning

 2 Replies

Dr. J C Vashista (Advocate )     04 June 2024

Issue legal notice intimating tenant about determination of rent agreement, handover physical vacant possession after which he will be treated as a tresspasser and liable for mesne profits/ damages and pay arears of rent within a month.

T. Kalaiselvan, Advocate (Advocate)     04 June 2024

Default in payment of monthly rental amount itself is a valid ground seeking eviction.

Your father should first issue a legal notice by registerd post (if possible through an advocate), demanidng the arrears of rental amount till date and instruct him to vacate the rented premise immediately within two months from the date of notice failing which he can file a suit for eviction or an eviction petition through rent controller court. 

You can demand double the rental amount till the date of vacating the property also.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register