Legal Question in Landlord & Tenant Law in India


I've leased out a commercial property to a tenant. The lease agreement has a penalty clause if the tenant doesn't pay on time. Tenant says that the penalty clause was not discussed with him, however he had the version 2 of the lease document sitting with him for 2 weeks before the lease was signed.

My tenant has not paid rent on time for last two months and after numerous follow-ups and calls, he finally paid the rent, but hasn't paid the maintenance charges / electricity charges etc.

So far he hasn't paid the rent for the current month.

what are my options legally and the associated timelines / risks. I have tried talking to him and he would assure of paying but never pays, he is now saying to forgo the penalty clause.

Asked on 11/08/14, 9:11 pm

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

filing a suit for possession and recovery of rent seems to be the option.


Adv. Rajiv

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Answered on 11/09/14, 9:43 pm

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