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Eviction right
03-Apr-2023 (In Landlord/Tenant Law)
Hi,
I rented my shop to a CRPF inspector brother with good faith but it's two months they have paid rent and when I asked to evict the property they are saying that agreement is for 11months. It seems they have the intentions not to pay rent or not to vacate the property. There are few important terms in the agreement
(1) The rent should be paid through NEFT transfer only to Landlord a/c (mentioned in rent agreement).
(2) Both the parties can come out of the agreement by giving 1month notice.
(3)Monthly rent is 5k. Which tenant need to pay by 5th of every month.
(4) After 11 month agreement can be extended with mutual consent.
I have the following questions for you
(1) If I will send a legal notice to evict the property in 1month because rent not paid and I fear that they won't evict it later. How soon do you think it should be evicted.
(2) Although it's mentioned in agreement that only way to pay rent through NEFT. What can I do if tenant wrongly claim that he has paid rent in cash
You can file a suit for possession and you property will vacate within 6 or 8 months by due process of law. Because, in your case there is not dispute about the relationship between landlord and tenant, and the rent is also morethan Rs . 3500/- So, there is no defence for the tenant. Landlord can vacate his premises at any time after giving the notice . File youe suit for possession and damages as soon as possible.
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Adv. Naved Azam
Delhi | 25+ Answers
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hi
kya aapko wah kirya nahi de raha ya aapko wo kisis parkar se pareshan kar raha hai
aap us se shop ku khali kar rahe ho eska kya karan hai jab ke 11 month ka agreement hai aapke pass aapko koi na koi karn dena hoga uske liye
kya aapko wah kirya nahi de raha ya aapko wo kisis parkar se pareshan kar raha hai
aap us se shop ku khali kar rahe ho eska kya karan hai jab ke 11 month ka agreement hai aapke pass aapko koi na koi karn dena hoga uske liye
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Adv. Sandeep Kadian
Jhajjar | 25+ Answers
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Hello!! First of all what do you want to get possession of the property or you want unpaid rent from him? Even if there is an agreement of 11 months then also you can get vacant possession of the property as well... if you want any further details contact me I am dealing in Rent cases
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1. It is difficult to say when would the inspector evict the house upon giving notice. Since they are anyway not paying the rent and not evicting the property, it is reasonable that you give notice in-time so that they will act upon it. If they don't, you may have to approach the Court to seek their eviction by filing a release application, which will take another 4-5 months. Therefore, if you are certain that you want them to evict, don't hesitate in giving the notice.
2. He cannot claim that he has paid the rent in cash, because the agreement stipulates that the "only" way to pay rent is through NEFT. Therefore, the question of payment of rent via cash does not arise. If it is possible, try recording a conversation over email or SMS that the rent is due for x-y month and when would he likely pay the same. If he admits that it is pending, then he will not be able to claim that he has paid through cash.
2. He cannot claim that he has paid the rent in cash, because the agreement stipulates that the "only" way to pay rent is through NEFT. Therefore, the question of payment of rent via cash does not arise. If it is possible, try recording a conversation over email or SMS that the rent is due for x-y month and when would he likely pay the same. If he admits that it is pending, then he will not be able to claim that he has paid through cash.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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