Tenant not paying the rent and not vacating the house

Question

Tenant not paying the rent and not vacating the house

I have a property in Mohali. I have given my house on rent on a 3 Years rent agreement, This agreement is court registered where I paid the money for registration. My tenant hasn't been regular with the rent payment, In 3 years he has never paid the rent on time. Till now 5 months rent is due which is around RS 2,00,000. He has given Bounced cheques a few times also never paid water bill till date( in 3 years). Around Rs 30000 is also due to the electricity bill. He even gave bounced cheques to Punjab electricity department for the payment of electricity bill.
Now on 28th Feb the Rent agreement is getting over and so i wanted him to vacate the house as he has caused a lot of problem for me. The reason I gave him to vacate the house was that i am shifting back to my house and i want to renovate it.
After i told him this that he needs to vacate the house. he asking me to extend the contract for 1 more year. He also mentioned that if he doesnt vacate the house , i cannot do anything except for going to the courrt which can take 1 or 2 year and he can still be staying at my house.
In that house i have the possession of the Basement, the garage and the terrace.
I want to know what are my options:-

1. If he doesnt vacate my house on 28th Feb.,
2. Can i make him pay the due rent along with the pending Utility bills.
3. Also make him vacate my house.
4. as he is not paying the water and electrcity bill, can i ask the department to cut the supply as due is not paid.

In my rent agreement following things are mentioned :-
1. If t he tenant doesnt pay the rent , landlord can ask him to vacate the house with notice.
2. Tenant cannot ask for money to vacate the house and he has to do it peacefully.

Asked 7 years ago in Property Law

Religion: Sikh

Answer 1

You have to file a suit for eviction in the civil court of the district where your flat is situated.

You see, courts are the only means to restore your rights. You will be also compensated for all your troubles in litigation.

You just need to appoint a good advocate. I'm prepared to offer my services and I have appeared in many courts across India. You just have to come to Bombay once, for exhaustive consultation with me.

[deleted]. ([deleted]). Also leave your number in feedback, as your number isn't shown to me here. Regards

Netra Mohanchandra Pant

Advocate, Navi Mumbai

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Answer 2

1) if he fails to vacate you can claim

penal rent from

hum under clauses of your rent agreement

2) you cannot deduct electricity and water supply as it is an essential service

3) you can file suit for eviction against the tenant

Ajay Sethi

Advocate, Mumbai

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Answer 3

1. See give a legal notice to him for payment of arrear of rent electric charges and vacate the house.

2. Yes he has pay the rent and utility bills due.

3. You cannot force you need to file an eviction suit before the court.

4. See you dont need to ask the department shall take steps accordingly you just file eviction suit,

Shubham Jhajharia

Advocate, Ahmedabad

25513 Answers

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Answer 4

1. It happens in many cases that the tenant refuses to vacate the leased property even after the expiry of the lease. In such a scenario the rent agreement will be sacrosanct. The rights of landlord and tenant will be governed by the rent agreement.

2. If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. Non-payment of rent is also a ground on which the lease can be brought to a premature end by the landlord by moving to court and filing a case for eviction.

3. Rent will have to be paid by the tenant in the court once it is assessed by the court. Failure to comply with the order of paying the rent will invite immediate eviction.

Mohammed Mujeeb

Advocate, Hyderabad

19325 Answers

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Answer 5

1. Even if he vacates your premises, you have the right to claim the unpaid rent and other bills.

2.You can not evict him without due process of law.

3. You might have got your agreement properly drafted for which he shall have to vacate the premises, but you can not forcibly evict him without due process of law i.e. without any Court order.

Krishna Kishore Ganguly

Advocate, Kolkata

27703 Answers

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