Tenant overstaying after giving a notice in my property
Mayank Arora
(Querist) 09 March 2018
This query is : Open
Hello experts
I have a small shop in a local mall in Delhi. My tenant himself gave me a notice to vacate the shop on 15th February. He has still not vacated the premises. According to the agreement (duly registered), he has to pay double the rent if he does not vacate after the notice date.
I took some legal advice and sent him a registered letter saying that he is liable to pay me double the rent now. His post dated cheque for this month has also bounced.
My question is-
1) How do I get him out of my premises now? His security deposit is only 2 months so I'd have to bear the loss if he stays for that long without paying the rent.
2) Should I ask the mall management to cut off the electricity supply and stop giving all the services there, given that he only gave me a notice that he'd be vacating?
P. Venu
(Expert) 10 March 2018
You need to have recourse to the due process if the tenant is not vacating. The provision for double the rent is not reasonable.
The tenant is required to pay the rent for the period he is holding over. You can initiate action under NI 138 for the cheque that has bounced.
Mayank Arora
(Querist) 10 March 2018
Thank you for the reply Sir.
Double the rent is the clause which has been agreed in the registered agreement and signed by both the parties. I have merely restated the clause in the letter sent to him.
Dr J C Vashista
(Expert) 11 March 2018
1. Again show the document of lease and licence to some other prudent local lawyer, since 'NO' such covenant is valid and acceptable (if I am correct).
2. However, if the tenant has issued a legal notice for premature termination of rent agreement there is "NO" eventuality to continue occupying the demised premises, therefore, your statement is unbelievable, fake and false.
3. Since you have already consulted and engaged a local competent, able and intelligent lawyer and (stated to have) issued legal notice to your tenant, what is the need for seeking second opinion from experts on this platform except the fact that it is available FREE OF COST?
Mayank Arora
(Querist) 11 March 2018
Hello Mr Vashista,
1. Sure
2. Here's the eventuality, which you think is impossible to exist- The tenant was planning to shut the business so he gave me a notice to vacate. Meanwhile, he managed to find a new partner who is ready to provide more funds so he now wants to continue. I've already talked to another prospective tenant so I just want the present tenant to honour his notice to vacate. Once he vacates, I'll be able to lease it out to the other person. Does this "eventuality" sound believable, authentic and true now?
3. The notice I stated is a normal letter made by me and sent under my name (not through the lawyer). The advice that I took was more for asking what should be the first step (and that too in a private capacity through a friend). I would not like to pursue legal action yet and would like to know what my rights in this situation are. As for seeking second opinion, why would you have an issue with that? Much like doctors, I don't think there is any harm in looking for a second opinion, especially if you have so many learned professionals in one place like we have here. This is the reason why you have a "forum" so that people can discuss. However, giving that opinion is your prerogative. No one is being forced to reply to the question.
