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Not receiving rent since 5 months What action can be taken
31-Jul-2023 (In Landlord/Tenant Law)
dear sir I have a part of a commercial property which is rented to Tata Croma, as bigger entity doesn't pay separately it decided to pay the main land lord who had 60% ownership of that property as we also consented to it that he will recover complete rent & then pay us our part, he had been not paying us from the past 5 months and also he pays us after the rental month is over, this is happening from past 2 years, how we can book him under law. Do we have the write to send a legal notice to Tata Croma also as they are also not willing to do anything nor they are giving us direct rent
As per your query, rent is accumulated for more than six months so you can give legal notice to the company for non-payment of rent and if does not pay rent within one month of your notice then you may file suit on the grounds of arrears of rent.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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In order to suggest the correct course of action that could be taken by you a scrutiny of the documents would be necessary, most importantly the rent agreement. On the face of the information gathered from your question it seems that the rent agreement was bipartite and that is not the best thing to do in a situation like yours. If Tata Croma has signed the agreement only with the other part owner, it may not quite be of much help to send them a notice. The dispute is between the co-owners and and has to be resolved between them. So you could be looking at filing a recovery suit to recover the unpaid rent amount. The second thing you would require to be done is to sign a tripartite agreement and force Tata Croma to pay you your part of the rent directly.
Helpful?
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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