- This topic has 11 replies, 12 voices, and was last updated 1 year, 2 months ago by
.
-
Posts
-
-
PAs the title suggests, I am stuck with a Tenant who is neither paying his rent nor vacating the flat.
I have unregistered rent agreement which got expired in December, 2024.
I have sent him multiple WhatsApp’s, phone calls and visited him and asked him to vacate.
I really need to sell the flat and cannot afford a dragged on legal fight.
He owes me 14 months rent and I have two cheques of approx 9 months rent.
I am really desperate and in urgent need of help.
The property is in Noida.
I am in urgent need of money via sale of this flat.
-
BLawyer here, based in Delhi.
Since the rent agreement has expired and the tenant is not paying rent, eviction can happen through the rent control court.
Send a legal notice through a lawyer demanding payment of arrears and immediate possession. This step is legally required before filing a case and also puts pressure.
If the tenant does not vacate, you will need to file an eviction suit for recovery of possession and arrears of rent in the appropriate rent control court in Noida.
The dishonoured cheques can be used to file a separate criminal complaint under the Negotiable Instruments Act for cheque bounce. This can be done alongside the eviction suit and increases pressure.
That said, there is no truly “fast” way, except entering into an arrangement where you pay the tenant to leave the premises.
-
-
QSorry but if you are going to get him to evict in a legal way its going to be a lengthy battle.
Your best option is to meditate with him. As this is a legal advice sub I won’t be giving any illegal advice but that can be a way but you will take the risk.
Also if you have the money try getting help from a lawyer. And sending him a legal notice that might scare him and he may leave. Also keep the pressure going and annoy him as much as possible to leave immediately of course stay within the legal area you can ask about more details to a lawyer.
-
-
-
BYou will need to file a suit for eviction. There is no other way. It will not be very difficult in your case since it is an Oral Lease under the Transfer of Property Act.
But encash the cheques immediately. If they bounce, then you’re in luck. Immediately issue a Notice in terms of the NI Act and commence criminal proceedings. -
-
SGundagardi. Maar-pitai and eventually settlement with cops.
Legal route will take time. Theres no quick remedies in the law here.
As someone else here suggested – get a lawyer, send a notice for arrears payments, and eviction. Go to rent control court.
Paralelly engage the lawyer for criminal proceedings for cheque bounce – understand first how the cheque bounce thing works.
You need to bounce the cheque, get the notification from the bank which states the reason for cheque bounce, get a lawyer, file case within 30 days of cheque bounce.I estimate just notices for about 10-15k.
Actually fighting the case as lumpsum as about 70k-100k for rent court
Another 50k for the cheque bounce case.These are indicative figures in my circle of the world. Prices can vary drastically.
Court fee is separate.
-
SInform him and deposit one cheque. When it bounces, inform him again and deposit it once more. Wait for it to bounce. You have a NI case. Pretty tight pretty soon, compared to a tenancy and eviction case. Ask the police to book a fraud case.
If the cheque does not bear your name, congratulations. You have a tenant who has taken delivery of intangible goods or services from your friend in another state and pulled a fast one. So your friend files another NI case for recovery of dues, and also files an FIR for fraud / cheating. In another state. Very soon the tenant will have to travel to the other state to defend himself.
If you have a third cheque that does not bear your name and a second friend in a third state, then you are a lucky batard.
Your tenant will become tadipar faster than any diamond merchant.
Once he becomes tadipar, break the lock open but never acknowledge it or mention it to anyone. Don’t come back to thank me or post here. Viola! You have your own property’s legal possession. Discard / destroy any personal items but feel free to enjoy all electronics which were adjusted by the tenant towards arrears in rent. Let the case go on as a bargaining chip for when the tenant tries something. Don’t approach the court first.
-
SThe first thing would be cutting the electricity connection.
Then water connection by informing the society about the situation which is going on.
Then go to the rent control board and police.
Also at the same time please deposit those cheques in the bank and then file a police complaint for bounced cheques once they are bounced. -
-
