LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

adonis (Owner)     24 April 2013

Tenant not paying rent

One of our tenants is not paying rent since last 3&1/2 months. Everyday he comes up with a new excuse and passes time. We did not sign any agreement/lease when we gave the place on rent.

If I decide to proceed legally to obtain the debt, what is the procedure ? As a landlord, is my case weak becasue there is no proof of payments or rental agreements ?

Yesterday, he said he will give a check to me. I am pretty sure the check would bounce. Should I just take the check from him so tnat later I can use that check for proof of his debt when it bounces ?

I am also thinking to get his signatures & finger prints on a promissory note so that I can later use this also as proof that he owes me money

Please tell me if a check & promissory note serve as proof that he owes money to me. 

Please advise me.



Learning

 4 Replies

Kundan Kr. Singh (Advocate)     24 April 2013

you can give him legal notice for not paying rent last three and half months there after you can take legal action.

Rajendra K Goyal (Advocate)     24 April 2013

I agree with Sh Singh and add that If he gives a cheque for the rent ammount and the cheque is bounced, you will also be having chances to proceed under section 138 of NI Act. The cheque can also be used to prove as tenancy / debt with certain conditions/ witnesses. If he does not give cheque you can proceed by giving a legal notice.

Sudhir Kumar, Advocate (Advocate)     24 April 2013

suit for eviction

Sudhir Kumar, Advocate (Advocate)     24 April 2013

if cheque bunced then criminal action u/s138 is more effective remedy


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register