1) issue him legal notice to vacate the shop and for rent arrears .
2) if he fails to vacate file suit for eviction .
Tenant not paying rent and not vacating rental shop
Hi, This is Dhawal Rawat. We have built 5 shops in our ancestor property in Himachal Pradesh (Shimla) & all are on rent. The issue occurred with one of the tenant who rented our shop 8-9 years ago for store purpose. He is already operating from another shop in the same market and using our shop as store. As the tenant is one of the village relative so there is no legal rent agreement. Now problem occurred 2.5 years back when we asked him to increase the rent and he refused to do so. We asked him to vacate the shop if he can't pay the rent but he again refused and for past 2 years stopped paying rent also. We approached him many times to clear the dues and vacate shop on time but he clearly refuses to do so whereas all other tenants rent is getting increased in timely manner. Please note: All electricity bills are on our name only & currently my father is dealing with all the tenants . Please suggest how to proceed on the same. Regards Dhawal Rawat
Asked 10 years ago in Property Law
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11 Answers
Engage a local lawyer and through him issue a legal notice to vacate the shop and to clear the rent arrears and file suit for eviction in case he refuses.
Issue a legal notice terminating his tenancy , demanding payment of arrears of rent with interest and ask him to vacate.If he fails to do so, file suit for eviction,possession, injunction and measne profit at market rate till possession is handed over.
issue him legal notice to vacate the shop and for rent arrears , if he fails to vacate file suit for eviction .
Thanks all for guiding me. In case of issuing a legal notice and if required later filing "suit of eviction" any idea how much time it may take to vacate the shop? as keeping the delays in mind while proceeding legally, some one suggested me only to registered a complaint in local police station (is it advisable?) or proceeding with legal notice is the best option for me?
Asked 10 years ago
1) suit may take some years depending upon pendency of cases in courts in your city .
2) police wont take action as it is a civil dispute .
3) issue legal notice as advised .
Daer Client,In that case you should immediately issue a Legal Notice therafter file a eviction suit.If need more clarification or help then contact us.
Advocate Anurag Bhatt
Allahabad High Court
It depends on the pendency of suits in your local courts. Police have no role to play in civil matters and the best method is to issue legal notice through a local lawyer.
It is not a criminal matter therefore police complaint will not do. Follow as advised for civil proceedings. Whatever time it takes you will get market rent till possession.
Hi, issue legal notice ask him to evict the property or other wise file a suit for eviction.
You have to disclose me that what is the rent of the independant tenant, so that it has to be decided in which court the case has to be filed. Whether rent control Act (City small causes) or civil court under T.P.Act. The rest of the matter I agree with the above experts.
A. Issue legal notice to termination of Lease agreement.
B. Thereafter, file a suit against tenant with regard to eviction and arrears of rent
C. All suits will be disposed as per the quantum litigation ratio of the court.
