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Home / Legal / Rent Agreement / Can a landlord sue for unpaid rent without lease?
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Can a landlord sue for unpaid rent without lease?

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0 2022-03-14T12:24:21+00:00

Hi,

Your query is genuine and I think I have an answer for you. There are tenants out there exploiting their rights to harass landlords. As harsh as it may sound, it is true. Since you want to know can a landlord sue for unpaid rent without a lease, let me tell you about a few technicalities. Read on carefully.

Even though a tenant and landlord have entered into a rental agreement orally, the laws and legal rights remain intact for both the parties. Although it is recommended to enter into a legal agreement, an agreement undocumented on a lease or rent agreement is still legal. 

Now let us look at the conditions for landlord suing tenant for unpaid rent. 

Landlords can sue and call for eviction of property if the tenant fails to pay rent. But before doing that, the landlord must send a formal notice to the tenant to give him a chance to pay the rent. If the tenant sends a reply to the landlord asking for bank details to pay the unpaid rent then it is fine.

But if he doesn’t revert to the notice then the landlord can file a civil suit against the tenant for unpaid rent. 

I read about a case report from West Bengal where the tenant exploited laws and failed to pay rent and evict the property. Finally after 3 decades, the case went in favour of the landlord. The tenant was asked to vacate the property, pay rent for 11 years at the market price and pay a fine of Rs. 1 lakh.

You can read about the same here Use rent pay to get assured offers and cashbacks

I hope this clarifies your query can a landlord sue for unpaid rent without lease or not.

Read more: Can a tenant stay after rental contract is over and not renewed? Can tenant claim adverse possession? Can a landlord enter the property without my permission?

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