Not paying house rent as per the lease agreement

Akp (Querist) 21 June 2017 This query is : Resolved
I have an apartment in NCR region. I have given my flat lease to one person who decorates interior design for flat with an amount and then take that flat for a fix period in lease. That is his business and he runs a company. For my case I have given nearly 2 lacs for interior design and given lease for 5 years with termination by both parties by serving two months written notice any time before expiry of Lease Agreement. With this agreement he should decorate the interior of my flat and pay monthly rent of approx. Rs. 10,000 (say) with 10% increase yearly. In case of delay of monthly rent lessee will pay the late rent penalty of 18% per annum. So in this agreement everything is written clearly. He kept the original Agreement saying that he might need to produce to show the tenant at the time of giving rent to third party.

Now problem is since last 15 months, he has not paid rent to me. He did not even complete the interior design so far, which he supposed to finish as early as possible as full payment for that was paid to him. Whenever I tried to contact him he says everything will be clear by next month. He does not lift my phone call. I met him in his office and he again tells the same story that he will finish by next month and settle all the things. Note that paying rent and completion of Interior design are two separate things. He supposed to pay the rent from the date of Agreement irrespective of the completion of interior design. Now I need some expert advice on this issue. How to discontinue the agreement legally? How to recover the cost of Interior design which is half baked after discontinuing the agreement? How to recover the rents after discontinuation of the Agreement?

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Guest (Expert) 21 June 2017
You are being naive.
You should without further delay issue him a notice demanding payment of rent. He won't respond, most probably. Then you can approach the Court with a prayer to get him evicted.

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Guest (Expert) 21 June 2017
Once he has been evicted, you may focus on realisiing the rent dues by filing a money suit.
Rent laws vary from region to region. Please seek professional help without delay.

Rajendra K Goyal (Expert) 21 June 2017
Show all documents to local lawyer and send legal notice claiming all your dues and completion of work.

Kumar Doab (Expert) 22 June 2017
Hope you shall take it positively.

You could have given money to any person/establishment for interior decoration and got the job done without accepting the condition of lease (verbal/written).

You should not have given such long rope of 15 months to this party.

Mr. Jahangir has shared his observations.

Kumar Doab (Expert) 22 June 2017
As suggested by Mr. Rajendra K Goyal show all case papers to your very able local senior counsel of unshakable repute and integrity specializing in such/civil matters, for a considered opinion and proceed under expert advice of your counsel.

Dr J C Vashista (Expert) 23 June 2017
Whether the lease agreement (for 5 years) is registered or not?
Consult a local lawyer for better appreciation of facts, recovery of arrears of rent, renewal or denial to renew the agreement (its consequence) proper guidance and proceeding,

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Akp (Querist) 23 June 2017
Yes it's mention in the agreement in a stamp paper. Thanks all for your expert advice. I will definitely follow you.