• Landlord does not give rental agreement. What are my options?

It was agreed earlier that landlord would provide us (tenant) rental agreement. It has been more than six months and now he refuses to sign rental agreement. In this case,
1. How could I claim my HRA exemption?
2. Can I insist the landlord to provide rental agreement? What if he says no?
Asked 8 years ago in Property Law
Religion: Hindu

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16 Answers

You should give notice to your landlord asking rent recipt based on oral agreement you had.

You can claim HRA emotion based on rent agreement , rent recipt or if the rent is payed through cheque or net banking then by statement of same or the slips of rent deposition in account.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. The rental agreement is the basis on which the HRA exemption is claimed. Therefore, the document is essential.

2. You cannot insist, as he will ask you to vacate the house. Explain to him the purpose of the document.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1) inform the landlord that if he fails to execute registered rental agreement you would be vacating house next month

2) for claiming HRA exemption you need copy of regd rental agreement entered into , proof of payment of rentals

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Cannot be proved. Owner may refuse to take it otherwise fearing to show it as income.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Income tax tribunal has specifically held that to claim the exemption strict proof is required. Means there by the rent agreement rent receipts or payment through banking channel.

I can suggest that you sent a notice to your land lord asking recipt.and agreement under rent control act both are mandatory or may attract a penal provision.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir

This is not a big deal. Dont worry. Self declaration receipts may be submitted.

If at all you have issue, please contract us we will resolve.

Feel free for any assistance

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

1) You can explain him the situation that you want to submit for Income Tax Rebate, so please provide rent agreement or receipts or

2) tell him that should I bring a Rent Receipts Book from stationary shop and add owner's PAN card number on it and make 4 receipts of quarterly rent paid or make 12 receipts of per month rent paid and take his signature on receipts and submit to HR in your company.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Rental agreement is required to keep a record on rent but you need a rent receipt to claim your house rent exemption since you're paying rent in cash then you will not be able to Prove the payment as there is no bank transaction please speak to your landlord to provide you at least receipts are claiming h r a exemption

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. In the absence of any rental receipt, you cannot claim HRA exemption.

2. The landlord cannot be compelled to sign the rental agreement if he does not wish to do so.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Please make him understand why you need the rent agreement. Secondly if he has not signed rent agreement till date it will be difficult for him in future to get rent money from you. To claim exemption you need rent agreement copy or proof of paying your monthly rent.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

If the said agreement is registered you can get the certified copy from the sub registrar office. If the same is not registered you can send him notice. Stop paying rent he will send you the copy.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You cannot force the landlord to execute the rental agreement, if you are not comfortable or if the situation is beyond tolerance, you may vacate the premises and look for a different location.

How do you pay the rental amount, by cash or cheque, if you are paying it by cheque, then the evidence of the bank statement will be sufficient to prove that for paying house rent to claim HRA concessions.

2. You cannot force him, alternately you may either pay the rent to his bank account directly or to deposit the rent in the court every month, which shall be used as evidence for the payment of monthly rental amount for the purpose of income tax exemptions.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

We paid rent only by cash. No receipt has been given. How could I prove in this situation?

You issue him a notice stating that you have been residing in that premises from so and so date and ever since you occupying the premises on monthly rental you have been paying an amount of so and however he is not issuing a receipt for the rental amount received nor he has entered into an agreement in writing and the oral agreement still remains.

You can demand both, rental receipts as well as rental agreement in the legal notice which shall be an evidence to seek permission to

deposit the rent in the court or before rent controller.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. You cannot claim HRA exemption. Furthermore, as you have been paying the rent by cash only there is no way you can prove landlord-tenant relationship. There is nothing you have to prove

2. Vacate the property and shift to another. The rental agreement should be signed and a copy obtained at the time when the tenancy is brought into inception.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hello,

I would advise you to pay further rent by cheque or take any receipt for payment of the rent.

Ask your landlord to sign on the rental agreement thereafter.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can only claim HRA once the rental agreement has been signed by the landlord. Give one rent by cheque and then force him to sign the rental agreement and if he does not do so stop giving the monthly rent.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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