Legal Advice

Tenant has promised to clear the dues shortly but he is trying to cause delay in payment

Shivendra Pratap Singh


High Court Lucknow

Civil Law | Property

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Question asked on: 27 Sep, 2021

I rented my house in March 2021 through a rental agreement. Police verification was done at that time but I couldn’t collect the same because of being out of Station due to Corona. Now the man of property dealer who had dealt with this case has all of sudden left the job and is not traceable so all these documents are not available with me. 

The tenant is also not in the flat and has not paid rent for two months. After several attempts I could contact him and he paid rent for one month saying his father is in ICU and he will pay rent shortly but I can’t trust him. What should be my next course of action in the above circumstances? Should I wait for some more time?

Question from: Haryana

You should send to him a demand cum legal notice for the payment of rent due for one month. He has promised to pay the dues very shortly therefore, the notice should be in the pursuance of that promise. You have to show in the notice that partial payment has been made by him and promised to pay the remaining very shortly. 

No need to wait for the performance of his promise. He may or may not obey the promise hence, you should prepare the ground for claiming the dues through the court of law. Send the notice as soon as possible. 

When he made the partial payment he accepted the financial liability i.e. dues of rent. It shall prove your case even in devoid of rental agreement. So, send the legal notice and claim the payment of dues within a stipulated period of time.