What to do if your tenant goes absconding?

A runaway tenant can be a major headache for a landlord. This is particularly true due to a sharp rise in the number of unscrupulous people misusing rented premises to carry out illegal activities. Despite a thorough tenant verification, the landlord might get in trouble because the tenant goes absconding. In such a scenario, what are the legal options of a landlord?

 

Who would qualify as an absconding tenant?

To meet the definition of an absconding tenant, they must meet either of the following preconditions:

• They have breached one or many terms and conditions of the rent agreement.
• They have not paid the rent.
• Despite their best efforts, the landlord has not been able to communicate with the tenant.
• They have handed over the property to other people without informing the landlord.

 

What are the rights of a landlord if the tenant is absconding?

Under the Rent Control Laws in India, the landlord has the right to receive the pending rent and move the court to initiate eviction proceedings under the Model Tenancy law.

Right to evict the tenant

Under the model policy, landlords could approach the rent court for eviction if the tenant fails to pay the rent for two months in a row. Under the Maharashtra rent control law, a landlord is not entitled to take possession of any premises as long as the tenant pays or is ready and willing to pay. Under state law, the landlord cannot file a suit for recovery of the rented premises on the grounds of non-payment of rent until the expiry of 90 days.

Right to recover rent/offset loss with security deposit

The landlord can demand the pending rent. They are free to recover this using the security deposit made by the tenant.

Right to repossess rented property

The landlord is entitled to take possession of any premises if the court is satisfied that the tenant has committed an act contrary to the provisions of Section 108 of the Transfer of Property Act, 1882. Under this Act, the lessee is bound to pay or tender at the proper time and place the premium or rent to the lessor or his agent. Non-payment of rent would make the tenant guilty of contract breach.

 

What legal remedies are available to a landlord if the tenant absconds? 

Issue a legal notice

If a tenant fails to pay rent by the due date, send them a legal notice. This notice should mention the outstanding rent amount, specify a payment deadline and detail the repercussions of non-compliance. It is crucial to ensure that the notice adheres to the legal requirements stipulated in the Indian Contract Act, 1872. Serve the notice through registered post or deliver it in person with an acknowledgement receipt to ensure proper documentation. 

File an eviction suit

A landlord can initiate an eviction suit if the tenant fails to pay the rent amount for more than 15 days after the due date. An eviction notice must be filed in a court of competent jurisdiction, stating the basis for eviction. If the court sees merit in the plea, they will send a notice to the tenant and give them time to respond. Considering the tenant is absconding, the court will rule in your favour. If a tenant fails to comply with the order of eviction within 30 days of the due date, a competent authority may evict them using such force as may be necessary.

 

Things to do before sending an eviction notice 

Contact the tenant

Try to contact the tenant a reasonable number of times through various channels. This must include telephone communication, email and written communication sent to their permanent address. 

Gather proof

In a court, a favourable ruling can only be expected if you can provide proof of the charges made. In case your tenant goes absconding, you have to be ready with documentary proof to initiate eviction proceedings. 

Do not handle the tenant’s belongings

A landlord would be breaching the terms of the rent agreement if they handle or throw away the tenant’s personal belongings. Unless the court orders an eviction, it is recommended to stay away from the tenant’s belongings. 

Do not break open the premises

Attempts to break into the premises in the absence of the tenant might be construed as illegal activity without legal intervention. Refrain from doing so.

 

Housing.com viewpoint

Landlords must exercise caution when choosing tenants. Conducting police verification of prospective tenants is a crucial step in the screening process and should be diligently followed to ensure security. Neglecting this process when renting out could lead to future troubles.

 

FAQs

Who is a tenant under the Rent Control Act?

A tenant is defined as a person by whom or on whose account rent is payable for any premises. The definition includes: A deemed tenant A sub-tenant A person who has derived title under a tenant A person to whom an interest in the premises has been assigned or transferred

What does it mean when a tenant absconds?

When a tenant absconds, it means they have left the rental property without informing the landlord or settling outstanding dues, such as rent or damages.

How long should I wait before considering my tenant absconding?

If a tenant refuses/fails to respond to all the communication from the landlord while failing to pay rent for more than 3 months, they might qualify as absconding.

Can I withhold the security deposit if my tenant absconds?

Most rent agreements have a clause that mentions that the security deposit can be withheld in case of damage caused by the tenant or defaulting in rent payment.

What legal recourse do I have against an absconding tenant?

You can file a police complaint and initiate an eviction suit if your tenant is absconding. This must be done only after reasonable attempts have been made to contact the tenant.

Can I change the locks if my tenant has absconded?

No, doing so requires the legal intervention of a competent court. This can be done only after receiving a court order.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at [email protected]