Ask them to pay and if they do not respond then send them a legal notice stating that they are in breach of the contract and that they should immediately pay the remaining amount.
If they don't then file a case in the rent court.
Recover damages and unpaid rent from tenant
I signed an agreement with a tenant and handed over the premises in February 2021 for commercial purposes. The tenant wanted to do some structural modifications before starting their operations. We mentioned in the agreement that structural changes must be restored before back before vacating. Tenant gave 20% advance and remaining 80% advance as postdated cheque which I couldn't deposit on time due to lockdown. The tenant hasn't paid any rent and utility charges so far. Tenant had started doing structural changes and left it unfinished. They have not started their operations even after signing the agreement. I want to recover the rent, utility and structural fixing costs. - How to recover the rent and utility costs with interest as mentioned in the agreement? - How to recover the cost to fix the structural changes? - Should I give notice to vacate first before recovering the costs? - Can I fix the structural changes and lease the premises to other tenants?
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
You may issue a legal notice to the tenant mentioning all the irregularities and breaches of conditions of the lease agreement and instruct them to vacate the premises for default in rental payment as well as breach of contract conditions.
You may inform them about the payment of the amount due to you and to be paid before vacating the premises.
After that you can resort to legal action against the tenant if he is not complying with the conditions of the demands made in the notice.
Issue legal notice to tenant to pay arrears of rent , structural fixing costs and to vacate premises on account of failure to pay rent
2) if he refuses to pay sue tenant to recover the arrears of rent , fixing costs , utility costs
1. Serve a lawyer's notice to the tenant to seek eviction and also demand the arrears of rent and damages.
2. If he does not honour the demands made in the notice then petition for his eviction will have to be filed.
3. You cannot lease the premises to another tenant unless the present tenant is evicted.
Dear Sir,
M<y Answers are as follows:
- How to recover the rent and utility costs with interest as mentioned in the agreement?
Ans: You have to get issue a legal notice under Sec. 106 of Transfer of Property Act and
then file a suit for eviction and claiming arrears of rent and damages.
- How to recover the cost to fix the structural changes?
Ans: You have to include the same in the Notice and Eviction suit.- Should I give notice to vacate first before recovering the costs?
Ans: Yes as above.- Can I fix the structural changes and lease the premises to other tenants?
Ans: Without getting physical position you cannot lease the property to others.
Dear sir/ Ma'am
1. you may send the tenant a legal notice specifying all the breaches in the agreement.
2. also in the notice you may instruct them to vacate the premises due to default in payment of rent and violating the terms of the lease agreement.
3. if he doesn't comply with the legal notice, then you may institute a suit for his eviction.
4. Post eviction and after getting back the possession of the property, you may further lease the property.
Thank You
1. As per law, the said tenant is bond to pay the arrears of rent and as mentioned in the agreement
- You can send a legal notice to him for asking the rent and other expenses
2. Further , if no response , then file a recovery suit against him for claiming the same.
3. Yes
4. If the said tenant has already vacated the tenanted portion , then you can lease the premises to other tenants , even during the court cases.
