Tenant missing, unpaid rent, tenant eviction
Sanjay
(Querist) 22 July 2016
This query is : Resolved
My shop was built in June 1989. I let out the same in December 1989 with rent agreement which clearly mentions that Act no.13, 1972 does not apply.
-The tenant had not paid the rent since 01-01-2005 and the shop is closed since then.
-He was living in a rented accommodation in our town as mentioned in the agreement. I inquired about his whereabouts at the location mentioned in the agreement, but I found that he have left the town. His location is now unknown to me as well as the nearby residents & shop owners of that locality. This means he left the town without handing over the shop.
-I have discussed the same with a practicing lawyer. He said that you have to issue a claim notice to tenant & if he does not receive the notice then we can't claim your property in the court.
-Now as the whereabouts of the tenant is unknown to me as well as the nearby residents & shop owners, How can I claim my property back? What sections & rulings would be applicable?
-Also, if this tenant's location continues to remain unknown, then will my property remain in his possession, given that the shop remains closed since January 2005 & without rent payment?
adv.bharat @ PUNE
(Expert) 23 July 2016
First u take possession of that property.
Give notice at his home town for recovery of rent? Eviction came afterwords since shop is closed take direct possession of that property.
Rajendra K Goyal
(Expert) 23 July 2016
What were you waiting for such a long time?
Discuss with local lawyer, file suit for eviction.
P. Venu
(Expert) 23 July 2016
Yes, file suit for eviction. If the tenant does not appear after due Notice, the matter could be decided ex-parte.
