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What can I do in case of Non payment of rent (commercial property)


25-Aug-2023 (In Landlord/Tenant Law)
I rented my shop in Delhi on follow terms on 01/01/2017 for 11months & agreement is attested through nottery. (1) Monthly rent-5k in advance before 5th of month. (2) mode of payment acceptable-ana through bank transfer into my a/c (3) Both parties can come out agreement with 30days notice. (4) If both parties wanted to extend after 11month then 10% increase in rent. (5) If tenant will occupy property without landlord consent after eleven months then he has to pay 1k extra every day These are the main points. How my tenant not even a single time paid on time and I have to run behind him for rent every month. He paid in cash and never transferred to my a/c. When he paid rent I gave him a payment receipt on white paper (which includes date of payment and for which month it is, I signed on the slip and also tenant signed on all those slips) But now he has not paid even for July/2017. I sent him couple of messages but he is not responding. I have following questions:- How strong my case is
Answers (5)

Answer #1
555 votes
You have a good case. The provisions of the Transfer of Property Act read with the Rent Agreement shall help you in getting the property vacated. Further, you shall also be entitled to unpaid rent, present rent at the market rate and costs.
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Advocate Shohit Chaudhry

Adv. Shohit Chaudhry

LawRato Delhi | 25+ Answers
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Answer #2
703 votes
First you should serve notice to the tenant for the payment of arrears. If tenant fails to do comply with the notice then you can knock the door of court. Court of law will definitely help out to you because you have very strong case.
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Advocate Laksheyender Kumar

Adv. Laksheyender Kumar

LawRatoDelhi | 100+ Answers
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Answer #3
504 votes
You have a very strong case of recovery of arrears of rent from the tenant. You can also file a suit for eviction of tenant on the ground of arrears of rent. As you have stated that you sent couple of messages. Do let me know, what are the contents of the messages and the date when you sent the messages. Otherwise, first of all, you need to send a notice of demand to the tenant. Thereafter, you can file a suit instantly, if the rent is unpaid.
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Advocate Akhil Sharma

Adv. Akhil Sharma

LawRatoDelhi | 25+ Answers
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Answer #4
579 votes
as per your case, first, you need to send a Legal Notice regarding termination of tenancy, arrears of rent and seeking vacant possession of the property. if he vacates the premises within stipulated time period than its good otherwise you have to file a suit for possession, arrears of rent and mesne profits if required.
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Advocate Vikash Kumar

Adv. Vikash Kumar

LawRatoDelhi | 25+ Answers
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Answer #5
719 votes
Get a legal notice sent. Thereafter, you can file a civil suit in the Trial Court. I suggest you must first send a legal notice to your tenant in absence of which, filing a civil suit will not be an intelligent thing to do.
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Advocate Kushagra Pandey

Adv. Kushagra Pandey

LawRatoDelhi | 25+ Answers
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