1. if you want to recover the money, filing a suit is the only option,
2. you can also lodge a criminal complaint against them about threatening, harassment. false cases,
3. if you afraid of consequences (criminal cases), you can forget the amount,
Can I recover my rent, though my tenant claims that they have, it equalised due to my fault in GST.
On 1st October, I lent my property to my friend, without security, advance or any other confidence. As he was starting up for his business, And I also helped him in getting registered for GST, through a friend of mine who is a CA. This is the only reason, I got a formal rent agreement, that was required as a address proof for GST. 1.) They paid rent for October and November, and vacated the property on 31st December, due to my prior notice, as my father required the property for himself. Throughout January, February, March, I called them multiples times to pay the rent and the utilities bills, they assured me that he will pay, and begged pardon on the same matter. Later I also found out they also never paid the my sweeper throughout the tenure. 2.) But somewhere near April, I called them to ask for rent payment, to which the both partner replied aggressively accusing me for not filling their GST returns, due to which their account got suspended. And told me you cannot force us to pay, we will only pay, when when we have to. And also accused me of threatening and torturing his girlfriend, who is also his partner. 3.) I waited for 2-3 week, and sent them a legal notice for the same. To which they replied, that ''they disagree with the same, and served me notice for an unreasonable amount for their GST non-compliance and mental harassment''. I called their lawyer, to ask to settle the matter, at first he showed his keen attitude to settle the same. On next call, he informed the tenant won't pay a penny. Should I continue for a suit? Because I'm scared that from his prior conversation and notice, he can put more false cases for harassment against his girlfriend-partner to support his case, to turn this matter into criminal. They amount is not that big, it was never the matter, but I really feel hurt, how he accused me of threatening and torturing his girlfriend.( I have the phone recording of the same.)
Asked 3 years ago in Property Law
Religion: Muslim
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10 Answers
How much are rentals payable .?
If amount is not substantial don’t take legal proceedings as legal fees would out weigh amount to be recovered
Dear Sir,
1. If the rent amount is not huge and you are not very keen on getting the money back, you need not file a suit. In any other case, you can file a suit.
2. with regards to the false allegations, you can file a complaint stating grounds of threat, harassment, and false cases.
Thank You
- For further assistance, you can book a consultation with me.
I would suggest
1. File a case of Rent Recovery and vacation of property
2. File a Police Compliant against them for causing loss to you, criminal breach of trust and tried to extort money out of you by filing false cases against you.
3. Also made the compliant signed by your father.
4. If you have ever had any bad relations with his girlfriend try not to keep in any kind of touch with her
1. Continuing with the case is your only option since the mutual compromise has failed as they are not ready to budge.
2. I will advise you to rug this off your shoulder; and not to think much about the whole episode, if the stake involved is very small. No need to take this on your ego. If nothing else, you will still be require to go through the whole ordeal in case they level frivolous allegations against you.
- Since, you can evicted and taken possession for the need of your father , then legally that tenant is not bond to pay the rent of agreement period .
- However, you can recover the arrears of rent , if not paid during the period of occupation of tenanted premises.
- Further, if that lady is engaged with him , then she can harm your image after filing a concocted false compliant before the police official , and generally female complaints are acceptable by the police in Delhi.
- Hence, you can lodge a compliant as information with the police after narrating the facts for your safety .
- Further, you can take legal action for the recovery of the dues amount from him or to teach a lesson.
You can contact me , if detailed suggestion needed.
- Only he have girlfriend ? you don’t have any female in house ? So for a false complaint there can be counter complaint, right !
- They already replied in legal notice for mental harassment. For mental harassment there is no criminal case can be booked. So afterwards they can not accuse you of threatening and torturing his girlfriend.
- Infact you can file FIR for cheating, blackmailing and threatening.
- Having all said, I believe you calculated lawyer fees and amount due. But if you file FIR then they will come begging and their lawyer will come for settlement.
You have stated that they occupied the premises and paid rent for November and December and they vacate the premises by 31 December.
In that case how are they liable to pay the rent for the period they are not living in the rented premise?
If you have proper details about the payment dues to you, you may resort to legal action by filing the suit for recovery of your dues .
You are at your liberty to file the civil suit for recovery of money or to ignore it considering the stress and restlessness, expenses, loss of time and energy by filing this suit which would take years to get disposed.
If the amount is not big then dont get into legal issues as you need to also pay lawyer fees. if you have agreement they will have to end up paying you but you need to bear the court expenses. If they file false case you can counter. But if you file suit they need to pay you
Dear Sir,
Litigants should not go to Courts with fear as it is a battle field.
