Nonpayment of rent by tenant
Querist :
Anonymous
(Querist) 04 January 2012
This query is : Resolved
my tenant has entered an . agreement for11 months and is not paying rent for last 24months.earlier he was paying rent by crossed cheque it can be easily proved the rent and date from which rent is unpaid. tenant is not vacating rather demanding 4 lac to vacate while rent for 10months only was paid . in case i file suit how much time it willtake to get the premises vacated property is situated in ludhiana the tenant is financially week and cannot pay arrears of rent
Adv Ankit Gupta, 09812153530,
(Expert) 04 January 2012
u can file suit 4 vacant the house and his period of agreement is over. wt is ur need 4 vacate property.
ur ground 4 non payment or rent is also strong. and iind ur need 4 use it.
Rajeev Kumar
(Expert) 04 January 2012
U should file a suit for vacant of house as the agreement period is expired
Devajyoti Barman
(Expert) 04 January 2012
Yes filing a suit of eviction on the ground of reasonable requirement and default is rent is the solution.
ajay sethi
(Expert) 04 January 2012
as far asperiod taken for disposal of suit for eviction in ludhiana it would depend upon pendency of cases in ludhiana . consult a local lawyer
Deepak Nair
(Expert) 05 January 2012
Your solution in the present matter is to file a suit for evidtion. Sifficiently advised by all the experts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 January 2012
eviction through court will be bottomless pit.
I am from defense and my querries are=
1) why you have not renewed the agreement.
2) Any notice given for default / eviction.
3) Rent receipts issued and govt taxes paid on it.
The power of defense is power of negative and it is perpetual.
Deepak Nair
(Expert) 05 January 2012
Dear Mr. JSDN,
You have mentioned the strong grounds for defence which is really helpful to the querist to be alert and to think for a reply to such queries in court.
But, do you want to say that suit for eviction is not maintainable?
If yes, then what remedy is available for the querist?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 January 2012
yes sir, eviction is in law books only.
There may be disagreement but we have to see the reality. Govt works on majority world over and it consists of have nots. Haves do not go to vote.So tenants are in majority.
I had posted a story of USA earlier and give brief details here.
prabhakar singh
(Expert) 05 January 2012
True the land lord has to sweat and some time to weep even while pursuing eviction case against the tenant; yet he has only this remedy to enforce through court of law as he can not through away the tenant straight out of rented premises.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 January 2012
The story is OF SUTTER the landlord who won a biggest lawsuit in history of USA for eviction of hundreds of tenants from his property.
People burnt the court , Judge just escaped . Sutters sons were publicly hanged and SUTTER the biggest landlord wasted next TWENTY YEARS VISITING this law maker to that law maker for enforcement of court orders of eviction. He ultimately died pennyless alone in WASHINGTON.
Deepak Nair
(Expert) 07 January 2012
But, what is the remedy available to the landlords then?? Kindly throw some light.
Querist :
Anonymous
(Querist) 22 January 2012
IN THE INSTANT CASE COURT HAS STRUCK OFF THE DEFENCE AS DEFENDET DID NOT REPLY FOR LAST 8 ADJOURNMENTS AND EVEN AFTER IMPOSIONG FINANCIAL PENALITY. NOW HOW THE CASE WILL PROCEED AND TIME WILL BE TAKEN BY COURT TO PRONONCE JUDGEMENT
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 January 2012
I am advocate for defense hence against landlords.
All landlords are no ego trips and want electrical results , never possible.
Tenants who loose not because of law but initial lethargy.
Querist :
Anonymous
(Querist) 22 January 2012
MR.JSDN YOU TRY TO BE CHAMPION OF TENANTS YOU SHOULD UNDERSTAND LANDLORD PUT IN LIFE EARNINGS TO CONSTRUCT HOUSE
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 January 2012
My view is world wide trend., since law makers are elected by tenants and landlord sleep in their houses.