You should issue legal notice to the tenant for the non payment of rent and also terminate the tenancy by way of notice, which should be of 15 days expiring at the end of the tenancy month. After the expiry of notice period, if the rent is more than Rs. 3,500/- p.m. you can file the suit for recovery of possession along with arrears of rent. You can also file an application for deposit of future rent in the court, If the rent is below Rs. 3,500/- p.m., you can file the petition for eviction on non payment of rent. If it is a newly constructed property and the letting is first letting then you can file the suit for possession irrespective of rate of rent. In such a case the Rent Act is not applicable.
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