Notice to tenant
Gautam Talwar
(Querist) 19 January 2016
This query is : Resolved
Respected Sir/Madam
1. I had a 3 year registered agreement with sub registrar with my tenant on 24 September 2015.
2. I took 2 months Security deposit and 1 advance rent cheque and 11 post dated cheques against my monthly rent.
3. My Tenant is not a good pay master and mostly dishonours my cheque.After chasing him i get my rent in cash which i deposit in his account and then encash my cheque.
4. Since January 2016 instead of giving me rent he has started asking me for petty loans of 5000 to 15000 to pay for basic amenties like BSES bill , salaries to domestic help etc.
5.ALSO THE TENANT HAS GIVEN ME ONLY 1 MONTHS SECURITY .Regarding second month security he has given me the post dated cheque but every month he requests me not to deposit the cheque as he does not have funds.
MY QUERY IS HOW CAN I TERMINATE THIS RENT AGREEMENT AS MY TENANT HAS BECOME A HEADACHE FOR ME.
PS IN THE AGREEMENT WE HAVE MENTIONED 1 MONTH NOTICE CAN BE GIVEN BY EITHER PARTY TO TERMINATE THIS AGREEMENT
kINDLY ADVISE
H.M.Patnaik
(Expert) 19 January 2016
If you have a cheque, get it deposited in your account for realisation. In case the same bounces back, issue pleaders notice for realisation of dues and in case of failure take shelter of court. This will be a good ground to issue a notice for termination of rent agreement.
Gautam Talwar
(Querist) 20 January 2016
Sir how much time it will take to vacate my floor once I take shelter of court.
Also what will be the expenses for sending pleaders notice and the cost of taking help from the court.
Thanks n regards
Rajendra K Goyal
(Expert) 20 January 2016
1. Send termination letter of the rent as per agreement clause. If no response, move to court for vacating the premises. The case may take time in decision and execution.
2. Deposit cheques in your account each month and on bouncing send notice and file new case for each bouncing of the cheque.
Gautam Talwar
(Querist) 20 January 2016
Sir who will send the termination letter I or through my lawyer.
Sir what about the rent will I get rent till the case is going on in court or the tenant will continue to stay without paying rent till the case is decided.
Thanks n regards
Gautam Talwar
(Querist) 20 January 2016
Sir the most important thing is that my tenant is engaged in a rape case and the police is looking for him since Jan 15, 2016. Because of this reason the tenant in absconding and they have locked the house.
Police is looking for my tenant and the investigation officer is cling me everyday morning and evening.
My query is should I put my lock on the door so that I can monitor the tenant activities.
Kindly advise
Regards
