Tenant refusing to pay rent and dues

Querist : Anonymous (Querist) 22 May 2020 This query is : Resolved
My tenant has informed that he will be vacating my flat in the near future. But he has stopped paying the rent for last 2 months. He has said that he may vacate the flat in the next month i.e.June 2020.
However, even if his rent is adusted against the deposit then his rent and due amount exceeds the balance of deposit amount after adjusting rent for last 2 months. Also, he has caused damaged to the flat.
My query is that what action I can take in case of non payment of rent/dues and his leaving the flat without properly handing over the flat. I would like to request for earlier reply as the tenant may leave the house without information. Thanks in advance.

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Guest (Expert) 22 May 2020
Better sort it out amicably and in a friendly manner and better to avoid litigation in this issue. You could seek the help of Good VIPs respected by both of you but still my self would advise you to sort it out your self and see that he leaves your premises at the earliest

Rajendra K Goyal (Expert) 22 May 2020
Whether there exists any written rent agreement, what are the terms while vacating the premises as per rent agreement?.

There is possibility that due to lockdown, he was not able to vacate / pay rent of the premises. Find out whether any rule framed/ instruction issued at local level regarding rent claim from landlord for the lockdown period.

If the matter is not resolved amicably, file case for recovery of rent after vacating of the premises.

Raj Kumar Makkad (Expert) 22 May 2020
If amicable settlement fails then better to file a rent petition before local Rent Controller. You shall have to engage alocal lawyer for this purpose and shall have to file this petition. This is a summoary procedure which do not take much time. Hon'ble Supreme Court has recently decided that due to lockdown, there shall not be any curtailment in the rents to be paid by the tenants. So you have every legal right to recover your pending rent and damages done to the property.

KISHAN DUTT KALASKAR (Expert) 22 May 2020
Dear Sir,
You can issue a legal notice and file a civil suit and get an attachment of ;his movable under the provisions of civil procedure code towards your arrears of rent and future rents, if amicable settlement fails.

Guest (Expert) 22 May 2020
Dear querist you could treat this as warning.. Myself prefers to openly say it is with regard to advise of makkad. Since your Tenant had decided to vacate let him vacate and sort out the issue amicably by your own in a friendly manner. Any Legal steps as mentioned by this fellow makkad could land you in more trouble if the other side Advocate is Expertized in Rent Control Act the rent could be directly paid in the court and tenant would change his mind and will not vacate and the issue in court would get prolonged for several years.Better Vacate this tenant amicably and beware of makkad please

Dr J C Vashista (Expert) 23 May 2020
The tenant has already issued you notice for vacating the demised flar by June 2020, the question of "without information" is ruled out / non-est.

As per your accountingHow much is discrepancy between total dues after adjustment of security deposit ?

Settle the issue amicably without going for legal recourse/ option, wherein you will not have any "win" win" but a "loose" loose" situation.

I fully agree and appreciate expert opinion and advise of Mr. NJS Raj Kumar, except unwarranted remarks qua opinion and advise of another senior expert Mr. Raj Kumar Makkad, who is also very right in his perception, I concur.

Rajendra K Goyal (Expert) 23 May 2020
It is advisable to wait till he vacate the premises. After vacating, if rent due is considerable, can file suit for payment of the same. If negligible, time and money spent through legal ways would be considerable.

Raj Kumar Makkad (Expert) 23 May 2020
Thanks Dr. Vashishtha for accepting the another aspect of the query/reply. Making personal comments against an expert is not the reply to the query.

R.Ranganathan (Expert) 24 May 2020
The best solution is to wait till June and then decide. Don't be hasty in taking decisions now, otherwise you will be probably either feel sorry for your hasty decision or put into additional hardship and burden of facing long procedures in the courts.

Asgher Mahdi (Expert) 26 May 2020
Contact nearby advocate and he will serve the legal notice as per terms mentioned in your rental agreement followed by filing a case before the jurisdiction court under rent act 2011 as amended. This rent act favour the land lord and may not take years like was under rent control act which not in force now.

Rajendra K Goyal (Expert) 26 May 2020
On receipt of a legal notice from landlord, the tenant may prefer not to vacate the premises and stop paying the rent. After 2-3 years of litigation, the landlord may have to agree in helpless situation to get the premises vacated without any payment.
This would be a loose - loose situation for the landlord. It is advised to wait till June when the tenant has agreed to vacate.

Raj Kumar Makkad (Expert) 26 May 2020
There is no such law that the tenant is given a right to retain rent for 2-3 years despite of filing the rent petition by the landlord before Rent Controller. Demanded amount is required to be tendered within 15 days of the notice of the tenant before the rent controller and if he fails to tender, the order of the vacation shall ordered accordingly. Amount of the rent shall be recoverable as a land revenue from the tenant.

Rajendra K Goyal (Expert) 27 May 2020
The advice was based on practical aspects. Case for vacating / payment of rent may take 2-3 years in decision. Tenant lawyer may drag it more.
It is better to wait till June when the tenant has promised to vacate the premises. After adjusting security, the landlord has not mentioned the arrears of rent would be recoverable.