I have a house in Mohali and we are living in Delhi. We gave the house on rent to a business man for personal use. Initially he gave rent on time but few months later he started troubling us by giving rent by the end of the month. Not picking up phone. making changes in house without asking us. Covered our name plate with white paper. we had 11 month rent agreement. when it was about end. we told him we are shifting back to mohali . need our house. first he use to say he needs two months notice . we agreed but later he backed out. Agreement got over in may 2015. he than started saying my kids our coming from Australia in December and they will go back in Jan, i cannot vacate the house before that.In the end we caved in to his demands as wanted to get our house peacefully. He renewed the agreement for 11 months but didnt increase the rent also which was mentioned in the original rent agreement. 2 months he gave rent on time. Now its been 4 months he has not given us the rent,Last he gave rent in the month of june He is not picking up our phone also. once he picked up and said will give 2 months rent by 15 Aug. But he never did.Till now he hasnt given rent , just saying i will give by 15 oct but never gave. I am worried he might not vacate my house. Please tell me what are my options. Is there any law in Mohali where Tenant doesnt give rent , he has to vacate the house in 1 month. I have been recording our conversation where he says he will give rent but never gives.Rent agreement is of 11 month on a stamp paper but not registered.
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1. You are required to file a case for his eviction on the court on the ground that he has defaulted in the payment of rent. The failure of the tenant to pay the rent to the landlord on time makes him liable to be evicted through court orders.
2. Before going to court issue him a lawyer's notice through your lawyer.
1) it is necessary to peruse your leave and licence agreement
2) agreement must be containing clause that agreement can be terminated in case. Of failure to pay rent on time
3) issue legal notice and terminate agreement
4) if licencee fails to vacate file suit for eviction
1. There is no Tenancy Act specifically meant for Tenants of Mohali,
2. Yours is a 11 months live and license agreement which need not be registred,
3.Your caving in to his unlawful demand costed you,
4. File an eviction suit for not paying youthe rent for months together.
Default in rental payment is a strongest ground for eviction. You may issue a legal notice to the tenant saying that he he not paid the rent for ...months continuously hence he has committed breach of the rental agreement and he is liable to vacate immediately and also mhe is liable to pay the defaulted rental amount. You may stipulate time for his vacation and then file a suit for eviction or a petition before rent controller court for evicting him by due process of law on the grounds of default in rental payment as well as for own occupation.
Consult a local lawyer and proceed as per his further advise.
DO NOT DELAY
a. Send a legal notice to the tenant to vacate the house , give him maximum months notice to vacate. As the lease is already in place.
b. Once the notice is over , go to your house and ask for possession, which you will not get. Call cops and file a criminal complaint of house trespassing and illegal possession of your house.
c. you would need to file a suit for eviction, permanent injunction and possession. This person dont seem to be aneasy one who is interested to vacate the house.
File one police complaint for criminal tress pass just to pressurize him.
and after that option is exhausted-(legally police has no powers to evict but as a pressure tactic you can use it ).
File eviction suit at the earliest.
Thank You everyone for answering my question. I have following follow up question :- 1. I was told Delhi has new Rent act where Tenant defaults the rent he will have to vacate the house in 1 month. is this applicable for Mohali ( SAS Nagar ) also as it comes in Punjab. 2. If i am sending legal notice , will he have to submit the rent in court or give it me. 3. What if he doesnt accept the legal notice. 4. Also if i file a case. he doesnt give any rent or vacate the house till the time verdict comes as it may take months. 5. The house is under my mother's name who is a senior citizen. Can this help in any way.
Being sr.citizen matter will get expedited.
legal notice if not accpetcted you need to go for alternate service i.e publication in newspaper or affixing at door via bailiff help.
1) As per the new rules, houses or commercial property will have to be vacated by tenants strictly as per the notice period mentioned in the rent deed with the landlord.
2) Registration of rent deed for commercial/residential property mandatory
3) tenant will have to pay rent to you in case you issue legal notice.
4) if tenant refuses to accept legal notice it is deemed to be served
5) disposal of case may take time depending upon pendency of cases . you cna claim arrears of rent
6) you can seek expedited hearing if mother is a senior citizen
1. I was told Delhi has new Rent act where Tenant defaults the rent he will have to vacate the house in 1 month. is this applicable for Mohali ( SAS Nagar ) also as it comes in Punjab.The Delhi rental act will be applicable to Delhi alone, the rental or tenancy rights mentioned to you by lawyers here are common and it is applicable in Punjab too with their own modifications in some aspects, a local lawyer from Punjab will be able to explain you properly about the differences between the local law and other state law in this regard.
2. If i am sending legal notice , will he have to submit the rent in court or give it me.
He is liable to pay you only, but if you refuse to receive the rent, he may deposit the same with the court.
3. What if he doesnt accept the legal notice.
File an eviction suit based on his refusal to receive the notice.
4. Also if i file a case. he doesnt give any rent or vacate the house till the time verdict comes as it may take months.
Since you have taken legal recourse you may have to go by the court proceedings only, what solution do you expect for your this question?
5. The house is under my mother's name who is a senior citizen. Can this help in any way.
All are equal before law, senior citizen status will not attract sympathy from the court.
1. Yes this can be done but it requires filing of a case for his eviction in the court. You cannot throw the tenant out on your own.
2. He may remit the rent either to you or deposit it in the court.
3. If he doesn't accept the notice then file the case in the court
4. Senior citizens' cases are disposed quickly by the courts.