• Tenant not paying rent since 4 months

We had entered into Leave and License Agreement of 11 months with a tenant in Mira Road area, Thane who is not paying rent since past 4 months and is also not agreeing to vacate it now even after we giving him 30 days notice as per Cancellation clause in agreement. What recourse do I have on this?

Another question- another clause in the agreement states Licensors (we) will be entitled to remove the Licencees and his belongings from the premises after cancellation and without recourse to the Court of Law. What does this mean and what what recourse do we have now?
Asked 4 years ago in Property Law
Religion: Hindu

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33 Answers

You can remove his belongings and put your lock on the property. You may file an eviction suit against him. But a better idea would be to wait when he is not at home and then put his belongings outside the property.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Send him a legal notice and proceed to evict him.

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

1. No eviction proceedings can take place without giving time to the tenant as provided by the Rent act. So this statutory time can not be waived. 

2. The legal rights of a person can not be relinquished by agreement.  So irrespective of the terms of the agreement you can not take law unto your hands and if you do the tenant can initiate criminal  case of burglary against you. 

Devajyoti Barman
Advocate, Kolkata
23282 Answers
518 Consultations

You cannot take law into your own hands 

2) you have to file eviction suit against licenceee if he fails to vacate the premises 

 

3) also claim arrears of rent and penal rent as per your agreement 

Ajay Sethi
Advocate, Mumbai
97244 Answers
7854 Consultations

1. You have to approach the court for eviction of the tenant and possession of the property. Even such a clause for eviction without a court order is mentioned you cannot enforce the same and take  possession forcefully from the tenant. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

You have every right to protect your property enforceable by Law.

Please approach The Competent Authorities under Maharashtra Rent Act 1999 to evict licensee under the Law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

First and foremost issue him a legal notice for terminating the Licensee from the Licensed Premises within a period of 30 days. Do mention that the reason for removal of the Licensee is solely non-payment of is dues for the past couple of months. Even beyond 30 days it the Licensee does not vacate the Licensed Premises then you may seek recourse to the courts of law.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

Hello!

You'll have to file a suit for eviction. 

According to law, you cannot evict your tenant forcefully even if he is not paying rent or the agreement has ended. The proper course is to do it through the courts.

The clause you have stated is null and void as it defeats the purpose of law. Therefore, you will have to approach the court. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

1. During "lock down" govt. declared periods, Tenant cannot be evicted and rent can be deferred (not waived off). Hence you will have to consider this before taking any legal step.

2. Irrespective of any such clauses in L&L agreement, landlord CANNOT remove the tenant or his belongings without civil court proceedings.  IF tenant belongings are forcefully removed THEN landlord becomes liable for criminal prosecution.  Hence it advised not to do this.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Serve them with a legal notice and than file a specific performance suit against them 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- As per law , a tenant cannot claim for force majeure , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well, and cannot refuse to pay the rent on the ground of Covid-19 lockdown.

- Hence legally the said tenant is bound to pay the rent of four months , otherwise due to non payment of rent , you being the landlord having right to evict him legally. 

- You should issue a legal demand notice to the said tenant and thereby ask for arrears of rent , and mention that if not payment within the 30 days of time. , then evict the tenanted premises. 

- As per your agreement , you are having authority to remove /evict him without approaching the court . 

Mohammed Shahzad
Advocate, Delhi
14647 Answers
224 Consultations

Dear Sir,

The said clause states that you may remove the tenant even without legal notice and court case of eviction. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

File eviction suit and this is leave agreement so you can enter in the premises and recover possesion.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

If your tenant is not paying rent regularly and stop paying same you should issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

You can send him notice and then file eviction notice. Now there is no extension by govt to pay the rent. It was for 3 months from March 2020

Prashant Nayak
Advocate, Mumbai
32678 Answers
207 Consultations

Disposal of case would depend upon pendency of cases in small causes court in your city 

 

2) legal fees vary depending upon lawyer engaged by you 

 

3) you can claim arrears of rent , penal rent from the licencee 

Ajay Sethi
Advocate, Mumbai
97244 Answers
7854 Consultations

1. Though you are not eligible to file "Eviction Suit" in the present circumstances and due to reason in my previous answer.  IF you still wish to file Eviction Suit, THEN:

a) File in the local Civil Court (at Vasai)

b) Legal Costs would be approx. 30,000/- onwards, thru a Lawyer specializing in Property Matters.

c) Time to Decide: from 1 year to 5 years, depending on work load in Civil Court.

d) Claims of damages, compensation, legal costs, rent amount will depend on final Court Orders.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See it may take time in court to evict the tenant also the cost shall be as per lawyers fee you engage. You may claim charges in a suit though court as er its schedule shall give such charges. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Dear Sir, 

You may very well charge the litigation expenses as well from the tenant. The approximate of eviction suit may take about 02 years. The cost will be as per the advocate engaged by you. The case is filed before the civil judge of the district court.  

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Yes legal charges can be claimed from the tenant. 

Suit charges depends on the particular lawyer you choose 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It would take 6 to 12 Months. 

 

It's not Court of Law but Competent Authorities at Thane.

 

You have to file it before Competent Authorities  arranged by State Government at Thane to hear and dispose off the matter under Maharashtra Rent Act 1999. 

Cost of drafting, filing ,appearance, Arguments may differ from Senior to Junior Advocates.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If the leave and license is registered then you can remove the lock and throw his belongs out side of the home. As per the Cancellation clause.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

If the notice is given to the tenant in writing under acknowledgement, and that, if the tenant  fails to vacate and hand over the premises to you after notice, you can initiate eviction proceedings against him in court of law.

You can also claim damages, measne profits, and also cost of litigation.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You cannot take law into your hands, irrespective of understanding both of you have by way of Agreement, which is against the law of land and against principles of natural justice.

If you do so, the tenant can initiate criminal proceedings against you for trespass and other proceedings etc., 


Time taken by court in deciding the case cannot be quantified.

Further, going by present position, it may take a minimum of 5 to 7 years for first round of litigation and a further 5 years for Appeal etc.

Cost involved cannot be quantified, it depends on experience and good will of advocate you hire.

Yes, you can claim damages, mesne profits and also litigation expenses.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Hire local lawyer. Only advocate can case of eviction. No court fees only advocate fees which will decide by discussion.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Yes you can claim legal charges. First you send legal notice it may get settled in Notice level. You can contact me in person for the same. For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
32678 Answers
207 Consultations

- Before filing the eviction petition , you should issue a legal notice to the said tenant. 

- If nor evicted then file an Eviction Petition , and therein claim legal charges from the tenant , as you have your right to claim . 

- Time is depend upon the burden of the court , and there may be settlement in the beginning of the case. 

- Further , cost depend upon the advocate ,to whom you engaged. 

Mohammed Shahzad
Advocate, Delhi
14647 Answers
224 Consultations

the entire process would likely take around 18 to 24 months time. If the tenant hasn't vacated the rented premises even after the expiry of the lease tenure, the Competent Authority directs such tenant to leave the premises and also pay for the damages caused, if any.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

1. You should send him a legal notice for eviction and recovery of pending rent through your advocate for 15 days.

2. If he refuse to vacate the house with in notice period and pay the pending rent then you can file suit for eviction before rent control authority of mumbai.

3. You can also claim litigation expenses from your tenant and interest on pending rent. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

It depends as the covid situation is getting worse it is difficult to say with certainty.

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

You can physically remove his items from the licence premise in case of default in rental payment and the termination of the licence.

You can do it if it is possible or you can approach court to eject him from the premises for the said reasons.

 

T Kalaiselvan
Advocate, Vellore
87447 Answers
2348 Consultations

The time taken for the disposal of eviction cannot be predicted owing to various factors.

The court fee, the lawyer's fee and other details may be inquired from the advocate who you may engage for this purpose.

 

T Kalaiselvan
Advocate, Vellore
87447 Answers
2348 Consultations

An eviction suit may take time. He will ask for a stay due to the ongoing covid19 situation. Yes you may claim charges. It may take an year and fee around 25-30k.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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