Can I Ask Rent Arrears During
I rented first floor to one tenant and ground floor two tenants .First floor tenant was not regular in paying rents. Ground floor tenants are in support of me. Both ground floor tenants were evidence in OS suit.I filled OS suit for eviction in Sept 2015.Rent is due since Aug 2015.During OS suit my advocate told me he will file petition for rent arrears and damages after winning the case. The os suit decreed in favor of me in November 2017 and given time to vacate within 6o days. Tenant did not vacate court ameena went with notice after 60 days but tenant did not care . I filled Execution petition for police aid until now nothing happened other advocate intentionally prolonging with postponements. I told my advocate to file petition to pay rents in court. He submitted petition for the payment of rent. As usual arguments happened in the court other lawyer saying will not pay rents as it was not asked at the time of suit and asking to another 6 months? time to vacate. Neither ready to pay rent nor ready to vacate. Since 3 years not paying rent in justice happening to me. Please advise how can I get justice and kindly advice what section can I demand to pay rents and get police aid. Please suggest me any reference case of such scenario. Your early support highly appreciated in this regard. Thanks Regards
Free Legal Advice - property dispute
Posted by: Basha
Posted on: 2018-08-12
Hi Basha, generally what is required for tenant eviction is sending a legal notice intimating your intention to start legal proceedings. the other thing which governs eviction of tenant is the tenancy agreement which was signed at the time of the letting out the property for tenancy. also here the process followed by your advocate seems okay, as under landlord tenant act provides for following procedure to obtain eviction 1. notice 2. filing the suit 3. hearing 4. eviction order 5. execution.
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