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Tenant not paying rent, lease expired & threatens when asked to vacate
30-Jun-2023 (In Landlord/Tenant Law)
Hello,
Seeking expert guidance and next steps. We are facing A LOT OF issues with our tenant where he is not vacating our property (even when the lease has been expired for 3+months now). He says until CORONA subsides, I won't vacate and pay any rent. He has threatened us to harm physically and does not respond to phone calls (blocked us on Whatsapp and all other channels of comms) and does not answer the door when we tried to meet him in person. This flat is the only source of our income.
We have already reached out to Police multiple times but have not gotten any sort of help. We have also served him an eviction notice and he says that he will see us in court only (which is subject to when the court is open due to lockdown).
Question: Does cancelling the electricity connection (given dues are piling up and we'll have to pay eventually) bear any legal consequences to us as a landlord (even if the lease is legally expired and he is not our tenant)?
As you have mentioned that his lease has already expired since 3+ months and you have served him with the eviction notice , hence advising you without going through the lease agreement and the eviction notice will not be possible.
One can tell you your options only after studying them.
As far as your query related to cancellation of electricity connection there is this general principle that landlord can not stop the basic necessity of the tenant due to failure of rent payment.
But for that too he has to approach to the court.
Moreover since this rent is your only source of income, i dont think court will gonna compel you to pay the bill.
Also you can take this as a defense.
Helpful?
Adv. Shivam Sharma
Delhi | 100+ Answers
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In the given facts and circumstances you have to file for eviction of the tenant from the property in the Civil Court. You cannot disconnect the electricity ok your own of the tenant, but if it is seperately supplied then the same be disconnected only by the respective agency. If it's not seperate then pay the bills and recover the amount from the tenant in the case for eviction of the tenant from the property.
Helpful?
Adv. Harshit Jain
Delhi | 100+ Answers
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You have send him / her a legal notice there after file a suit for possession and rent / eviction petition as per your rent there after due process of law the court will pass an order of eviction against him / her and you will get your possession
Helpful?
Adv. Madhu Tyagi
Delhi | 200+ Answers
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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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