Tenant neither paying rent nor vacating
shakti ranjan rath
(Querist) 14 January 2013
This query is : Resolved
Dear Sir,
I own a flat in Ameenpur, Hyderabad and have rented it out for last 2 months. At the time of letting out I had made a 11 month lease agreement and had received 2 months rent in advance. Upon completion of the first month, I did not receive the rent. The tenant refused to pick up my call thereafter, did not reply to any of my SMSes and refused to meet me. After following up with him for a week, I finally asked him through sms to vacate the flat with a one month notice on the pretext that I myself want to move into the flat. Initiall he agreed to vacate the flat, but now even after completion of the one month notice, he says he cant vacate the flat as he has not gotten an alternative flat to shift to.
Below are my queries:
1. Since the rental agreement is not registered, will it be valid in a court of law. The agreement was for 11 months.
2. The rental agreement has been signed by my wife and another independent witness. Will it weaken my case?
3. On what grounds should I issue a legal notice to the tenant to vacate the flat? Like, non-payment of rent (he has not payed me for 2 months including one month notice) etc.
4. Ideally how much time it should take to get an evacuation order from court in case the tenant contends my legal notice?
5. In case, the case is likely to be lingered for years...is there any quicker alternative?
I am thoroughly frustrated. KIndly advise.
Many thanks in advance for your help.
Devajyoti Barman
(Expert) 14 January 2013
yes file eviction suit on the ground of default of paying rent and for your bona fide need of the property.
prabhakar singh
(Expert) 14 January 2013
1.since the agreement is for a period of only 11 months,it is lawful and valid even it is unregistered.
2.In the absence of any power of attorney,if you are owner of flat,it was beyond her capacity to let.See a lawyer in this regard.
3.look into the agreement it self whether or not there is a term agreed about eviction on default,if yes,for on default of how many month.
4.Quite hard to tell.As per procedure,it would be a small causes suit which should get decided with in months after service of summons but there are several ways,tenants cause delay in proceedings.
5.There is no other legal way.illegal ways we do not advise.
Guest
(Expert) 15 January 2013
You shall have to file a suit for eviction. There is just no other way out.
V R SHROFF
(Expert) 15 January 2013
Never use word "RENT" OR HE WILL BECOME A PROTECTED TENANT.
In fact you gave it on Leave & License basis, and if he do not vacate, file civil suit for eviction.
ajay sethi
(Expert) 15 January 2013
agree with experts
R.K Nanda
(Expert) 15 January 2013
no more to add.
