Landlord/Tenant

TENANT NOT PAYING RENT

I own a flat in Khar, Mumbai. I have given the property on leave & license for 11 months. In the last 4 months, the tenant has not paid me any rent or even the electricity and water bills. As per our agreement all bills are to be paid by him. He had issued 2 cheques for the past rent, but they have bounced due to insufficient funds. I have asked him to vacate the premises but he has not been cooperative and has upfront told me that I can do whatever I want. I am a senior citizen and would appreciate advice on legally getting my dues and my property vacated.

Expert Advice


What you are facing is a situation that is observed quite often in matters under leave and license. One of the things you should do first is to approach the police station near your house, the one you have rented, and file a complaint against the person occupying the house. Also place on record that you are a senior citizen. You can consecutively approach the court for eviction of the person you have rented the house to under the Rent Act. Please bear in mind not to take the law in your hands and approach any dubious people to help with the eviction of the house, as this shall seriously compromise your position.

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I would suggest the following course of action in your matters: 1) Issue a legal notice to the person occupying the house. 2) Approach the police station within whose jurisdiction the said house falls and file a complaint. In all probability the above action should be sufficient in resolving your situation. 3) Finally you can approach the court of law to seek its help in evicting the licensee. There are specific statues to specifically address such issues. However this can be a drawn out process and it is best that you consult a lawyer for specific information pertaining to your case.

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