How to Vacate a Tenant Who is Not Paying Rent?

As a landlord, the most frequent and the biggest problem my father faces while renting his property is when the tenant refuses to pay the rent. Over the years, he has learned what to do if tenant is not paying rent in India:

In India, the rental law allows landlords to file an eviction suit against their tenants given specific conditions and justified reasons. If the tenant refuses to pay the rent amount (mentioned in the rent agreement) exceeding 15 days after the due date, the landlord has the right to file the eviction suit.

You have the right to send a notice to the tenant regarding the eviction. For that, you’re required to file an eviction notice in a court under whose jurisdiction your property is located. In the notice, you should mention the appropriate date and time by which you want the tenant to vacate the property. This is what to do if your tenant is not paying rent.

Sometimes, the tenant refuses to vacate the rented property even after getting the eviction notice of the court. In that case, you can take the help of a rental property lawyer and file an eviction suit against the tenant in a civil court under whose jurisdiction your property is located.

After that, the court will listen to both tenants and the landlord and release an ultimate eviction notice, which the tenant can’t overlook.

This is why my father always makes a rental agreement to make the eviction process smooth and hassle-free.

Now you know what to do when tenant is not paying rent.

I hope you like my answer to your “tenant is not paying rent what can I do” query.

I know it's really hard to act when the tenant does not pay the rent or vacates the property. So that it may not be rented to a new renter. I also faced this kind of challenge when my renter refused to vacate. So I can guide you better on the issue of tenant not paying rent and not vacating.

What is a legal action if tenant not paying rent?

• When the tenant violates any of the terms outlined in the agreement, the landlord may take back control of the property.

• If the tenant builds something on the rental home without his permission, he can request the tenant to leave.

• If the renter has engaged in any behaviour that causes a problem or disturbs the neighbours, the landlord can evict the tenant.

• If a renter gives notice that he will leave the property, and the landlord finds a new tenant in response, but the tenant still won't go, the landlord may take legal action.

• The landlord can legally evict the tenant if the landlord needs the property.

• As a result, if a tenant isn't paying rent or leaving the property, the landlord may ask the Rent Control Board to act. 

• If the Board is convinced that the landlord's claims are true and that one of his rights has been violated, it will then order the renter to leave the property.

This is all you can do if the tenant not paying rent.

What if tenant refuses to pay rent? Know your rights.

Vacating a tenant who is not paying rent has a legal process and regulations governing landlord-tenant relationships in your state. You should proceed with caution and avoid any unlawful actions that could lead to legal complications. 

Here’s is

what to do when tenant not paying rent

:

1. Review the Rental Agreement

   : You should review your rental agreement and check for clauses related to rent payment, default, and termination of the agreement.

2. Serve a Rent Demand Notice

   : Serve a written notice to the tenant demanding the unpaid rent and mention the notice period.

3. File a Complaint with Rent Authority or Court

   : If your tenant fails to pay the rent owed, you can file a complaint with the appropriate authority or court.

4. Eviction Notice

   : Once you get a favorable order from the rent authority or court, you can send an eviction notice to the tenant.

5. Police Assistance

   : If still the tenant refuses to vacate your property, you can seek the assistance of local law enforcement authorities.

6. Recovery of Rent

   : You can also recover the unpaid rent by filing a separate lawsuit for recovery.

7. Document Everything

   : Throughout the process, you should maintain records of all communication, notices, payments, and legal documents.

Or you can consider seeking legal counsel if the tenant refuses to pay rent and specializes in landlord-tenant matters. I hope this clarifies

what to do if tenant is not vacating.

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Hello, we have a 2 BHK in Pune and dealt with a tenant not paying rent and not vacating, too. So, we had to take legal action to get rid of them. I will share a few things you can do in such a situation.

What to do if Tenant Not Paying Rent?

1. You can start by taking the

   route of negotiation

   . This is a non-legal way to tackle things. You can opt for mediation centres and arbitration forums available in the city, which work towards tackling the matter sensibly and peacefully. 

2. You can otherwise

   file a case against the tenant

   . The court will analyse the facts and evidence after hearing both sides. If the ruling is in the landlord’s favour, the court issues a decree ordering the tenant to pay the rent. The landlord in this case has to go to the court for the decree’s execution.

3. You can

   withhold the security deposit

   , which is equal to two months' rent, depending on the drafted rent agreement. This won’t help much in vacating the tenant, but would help you in exerting pressure on the tenant.

This is all I know about the eviction of tenant for non payment of rent. I hope you find this helpful.