Hi My dad has let out his flat as per a leave and license agreement to a lady who is a lawyer. She stays along with her sister, mom and dad. Since day 1 she is defaulting in her payment. She has not paid the security deposit. Her security cheque bounced. And she never issued another cheque. She never pays rent on time. They have not paid the rent for last 3 months. they called my dad to discuss about the overdue payment. But after a long argument and when they realized we were not budging, she her mother and sister asked us to get out of our own house and said do what you want we will not leave the house. Soon after they went and filed a false NC that we threatened them to throw them out of the house. My dad has sent the eviction notice twice but they are neither paying the rent not vacating. They are seasoned cheats. Both the sisters are working and roam around in lavish car but don't bother to pay their dues not vacate the flat. Please advise which all cases can we file on them apart from check bounce, delay in payment. Can we file a case of mental harassment as well? Can we get her lawyer license cancelled for such unruly behavior? Also how long does each court case for cheque bounce, delay in payment, eviction etc take for resolution. Please advise.
1) if licensee has failed to pay rent terminate the levae and licencse agreement
2) take out eviction proceedings before the competent authority if she refuses to vacate the flat
3) seek recovery of rent arrears
4) you can also file complaint under section 138 NI for dishonour of cheque
5) cheque bouncing cases take 5 years to be disposed of
6) you cnnaot have tenant license to practise cancelled for non payment of rent
1. The license of a lawyer cannot be cancelled except if he has been found guilty of professional misconduct or convicted by the court.
2. The remedy for your dad is to file a petition for eviction against him on the ground of default in rent. The court will throw them out.
3. You can also file a criminal case for cheque bounce under section 138 of NI Act. Since it is a criminal case she will surely feel the heat.
4. It would take months at least for the trial to begin.
In the case of bounced cheque you can file case against them under Sec.138.But better evict them from house for avoid future litigations.
Approach a local lawyer and file a eviction suit immediately and also
seek recovery of rent arrears from tenant. In this case no client - lawyer relationship has arisen so you could not file a case against her under the head guilty of professional misconduct.
bounce of security is also comes under section 138 of NI Act and it is an offence. you can file complaint for such offence. you can file a civil suit before the small causes court or rent control officer. it does not matter that she is an advocate, no one is above the law.
Thank you Mr. Ajay Sethi, Mr. Ashish Davessar, Mr Ajay N S, Mr. Shivendra Singh for the prompt response and your guidance. How many eviction notice have to be sent to the licensee before filing a eviction case with the competent authority. Where is the office of the competent authority located in Mumbai? And then we'll have to file a separate case for recovery of dues, right? There is a clause in the agreement that licensee will be charged double for every day of delay in paying the rent. Hope we can claim the double amount in the court? Or court will help us recover the basic rent amount only? Also in the agreement there is no mention of her family. Can we file a trespassing case against rest of the family members? Or restrict them from entering the society? Thank you for your time.
1) office of competent authority is in small causes court near VT
2) you can claim double the rentals as per your leave and licence agreement
3) you cannot restrain her immediate family members from entering the flat
4) case of trespassing would not be maintainable
Please advise which all cases can we file on them apart from check bounce, delay in payment. Can we file a case of mental harassment as well? Can we get her lawyer license cancelled for such unruly behavior? Also how long does each court case for cheque bounce, delay in payment, eviction etc take for resolution. Please advise.
You should have file an eviction suit immediately when they did not reply to the eviction notice within the time stipulated in it.
The cheque bounce case also should have been initiated within the time specified.
Even now you can initiate all the cases whichever is possible.
Please remember that the action against the lawyer to cancel her license on this ground is not permissible because you have remedies in law for this separately.
Where is the office of the competent authority located in Mumbai?
You can file a case o the rent controller court
And then we'll have to file a separate case for recovery of dues, right?
In the suit for eviction itself you can file an application seeking recovery of old dues, if any.
There is a clause in the agreement that licensee will be charged double for every day of delay in paying the rent. Hope we can claim the double amount in the court? Or court will help us recover the basic rent amount only?
Since this appears to be a lopsided agreement, the court may not favor this situation, however there is no restriction on you to claim the same as per agreed conditions.
Also in the agreement there is no mention of her family. Can we file a trespassing case against rest of the family members?
You cannot file any such case, becasue so long she is a tenant, this will become her personal affair in which you cannot interfere.
Or restrict them from entering the society? Thank you for your time.
You cannot even restrict them from entering into their own relative house.