1) issue legal notice to vacate the premises on account of failure to pay rentals for last 19 months
2) if he refuses to vacate file eviction suit and also claim arrears of rent with interest
Eviction of tenant
Hi, I have tenant who is currently using a office space but hasn’t paid lease rent for over 19th months. When contacted over phone he says that he is going to clear the dues and then is unreachable at other times. We have a registered lease agreement which started on 2018. Some of the clause excerpts from the agreement are as follows: TERMINATION OF THE LEASE: The Lease shall be determinable under all or any of the following circumstances namely, (a) By efflux of time, unless renewed for a further period by a new Agreement. (b) In the event on non-payment of rent by the Lessee for a period of 3 (Three) consecutive months the Lease shall stand determined. (It may however be stated that incase of delay of payment of Rent over 15th of the following month then the Lessee shall be liable to pay interest @ 1% (One) per month for the period of delay over 15th day of the month till payment of Rent and other charges as stated herein). Please advise on the next steps that I should follow to evict this tenant and any caveats that I should be aware of.
Asked 4 days ago in Property Law
Religion: Hindu
12 Answers
You can directly file an eviction suit against the tenant on the ground of non payment of rent for almost 19 months
Considering the above are the only clauses in your contract under which the lease can be determined, there does not appear to be any necessity to issue a pre suit notice to the tenant about termination of the lease
However despite the above it would be prudent to issue him a written notice and if he does not comply then you will have to file an eviction suit
I wonder what prompted you to wait for 19 long months for the rent.
Anyway you can now send him a notice for eviction and then file the suit for eviction. Since this a tenancy for commercial purpose the rigours of WB Premises Tenancy Act will not apply.
Thank you all. Hi Devajyoti, The delay to take concrete actions was because of family medical emergencies among other things (I stay outside Kolkata due to my job and my mother is a widow). Nonetheless there has been a constant attempt over this period to reach out to him over calls and texts to settle the rent dues. I am curious to understand the WB Tenancy act. Also, if i should exercise any caveats and how difficult this eviction could be in practical sense. This would help me plan better to manage it considering my person circumstances. Thanks again for your response.
Asked 4 days ago
This place is not right place to discuss the caveats and difficulties, if any, arising out of the eviction suit.
litigation is long drawn and expensive proposition
2) it may take some years to evict the tenant
Steps for Eviction:
-
Legal Notice: Send a legal notice citing breach of lease for non-payment (3+ months) and demand dues or vacating within a specified timeframe. -
Eviction Suit: File an eviction suit under the West Bengal Premises Tenancy Act, 1997, if the tenant fails to comply. -
Claim Dues: Include a claim for outstanding rent and interest. -
Record Evidence: Keep all communication records for court use.
Caveats:
- Expect delays in court proceedings.
- Tenant may try to delay by partial payments.
- Enforcement may require additional legal steps post-order.
Engage a local property lawyer for efficiency.
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Send him a notice and file eviction suit against him
To proceed with the eviction of your tenant who has not paid rent for 19 months, you should start by sending a formal legal notice, reminding the tenant of the breach of the lease agreement due to non-payment. The notice should demand payment and notify the tenant that the lease may be terminated as per the terms of the agreement, which allows for termination after 3 months of non-payment. If the tenant fails to respond or vacate, you can then file for eviction in the Rent Controller’s court under the West Bengal Tenancy Act. Since this is an office lease, the tenant’s rights may be different from residential tenants, but the process can still be lengthy due to possible delays and legal formalities. Prepare for a potentially prolonged legal battle and ensure you have all necessary documentation, such as the lease agreement, evidence of non-payment, and communication records, to support your case. Eviction can take time, so consider the legal costs and challenges involved in enforcing the court’s order.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor
Dear Client,
From the lease agreement, you are entitled to lawfully terminate the tenancy and proceed with eviction proceedings since the tenant has failed to pay rent for more than 19 months, which is well above the required 3 months stipulated in the lease. Under the West Bengal Premises Tenancy Act, 1997, you can serve a notice of law requiring payment of arrears and also vacating in case the dues are not cleared within the prescribed period, normally 15 days. In case of non-payment of dues by the tenant, an eviction suit may be filed in the relevant Rent Controller or Civil Court.
Some practical issues may be associated with delays in the court processes and the effectiveness of the judgment. To make the process easier, record all communications and attempts to try to resolve the issue, such as call logs and text messages. You may consider hiring a lawyer in the region to represent your case, since you are otherwise constrained. Although West Bengal tenancy laws provide for the tenants in some instances, consistent non-payment of rent along with a clear lease clause in your favor will strengthen your case greatly. A lawyer will help you to minimize delays and deal effectively with law-related risks.
It is coming under willful default of monthly rental payment.
As per the rental agreement condition the lease agreement stands terminated if the tenant defaulted the rental payment for a period over three month.
You issue a legal eviction notice citing the said reasons and instruct him to vacate and deliver vacant possession of the rented premise within a time stipulated ion the notice as per law.
If your legal notice fails to evoke a proper response you can file an eviction suit as per law and also for recovery of arrears of rental amount with interest
The option before you is o first issue a legal notice demanding him to vacate and deliver vacant possession within the time as stipulated in the legal notice.
He has defaulted in payment of monthly rental amount for a period over three months which is a condition to terminate the lease agreement.
The next step is to file the eviction suit, no doubt it is a bit stretched litigation, but you have no option other than that in the given circumstances.
- Since, this lease agreement was for a period of 3 years from 2018 , it means that agreement already expired, and no tenancy agreement is existing between you and the said tenant.
- Further, if the absence of the lease agreement the tenancy is considered as month to month basis and the tenant is under obligation to pay the rent each and every month
- Further, if the tenant not pay the rent regularly , then the landlord has right to evict him legally.
- You can send a legal notice to the tenant for the termination of tenancy and to declare him as trespasser
- Further, if no vacate then file an eviction suit before the court for evicting him and to get the arrears of rent.
