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My tenant is not paying rent for over 3 months. He took possession over a property on a verbal agre
07-Aug-2023 (In Property Law)
My tenant is not paying rent for over 3 months. He took possession over a property on a verbal agreement. He use the building as factory. He doesn't use this factory and have his two workers staying there for no reason. He doesn't even pay electricity bills. Can he possibly take over the property through some evil ways? I don't think anyone can take possession and claim the title when he is not the actual owner . Please help. How can this be solved without making it a legal matter.
It is difficult to resolve this anomaly without Legal intervention. You may start resolution by shooting a strongly worded Legal Notice to the tenant asking him to pay arrears and vacate within a period of 15 days failing which Legal action will be taken by way of an eviction petition. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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Hello I have perused your query. In these circumstances you have an option to send the tenant a legal notice for recovery of dues and eviction if you want to get it vacated as well. Then within the stipulated time mentioned in that notice you shall receive the amount due and arrears as well.
For further information feel free to contact me
For further information feel free to contact me
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Adv. Love Kumar Soni
Goa | 200+ Answers
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1. Currently the property is under a leave and license arrangement instead of a lease. Licence is a bare permission, without any transfer of an interest.
2. You should send Legal notice/Eviction notice to the tenant by giving him 15 days notice to vacate the premises along with demand for rent.
3. If the tenant refuses to vacate the property then you will file Application under section 5 of Specific Relief Act to get possession back.
4. If you fail to take any action and your tenant enjoys the property for more than 12 years then he can claim ownership to the property by adverse possession
5. If the rent is below Rs3500/- then it will fall under Rent Control Act and proceedings will need to be taken under that act
2. You should send Legal notice/Eviction notice to the tenant by giving him 15 days notice to vacate the premises along with demand for rent.
3. If the tenant refuses to vacate the property then you will file Application under section 5 of Specific Relief Act to get possession back.
4. If you fail to take any action and your tenant enjoys the property for more than 12 years then he can claim ownership to the property by adverse possession
5. If the rent is below Rs3500/- then it will fall under Rent Control Act and proceedings will need to be taken under that act
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