Hi! I am from kolkata!! "we are a tenant to a shop it was on salami basis in kolkata where were paying rent to the landlord since years! But due to landlords own problems they were not receiving nor issuing rent bill to us since 10 years and the rent is over due till date!" as a proof we have the rent bills which were paid earlier before it! Q. Now we want to pay the due rent against the property up to date but the landlords are taking it so what is to be done in this case ?? how to pay the due rent till date? how to update it and save myself from any unwanted legal eviction or any case?
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Send letter to landlord by speed post AD and enclose cheque for rental amounts
2) if landlord refuses to accept and it is returned with endorsement refused it is sufficient proof that you have offered to pay but landlord declined to accept
3) you can also deposit rentals with rent controller
Hi, it is advisable to file a civil suit for specific performance in court .. You can deposit the rent in court
Q.If there is no owner or receiver appointed by the court for collecting rent for said the property then what should be done? In such case the tenant can submit the rent at rent control? or how it can be done?
You have to send rent to landlord with whom you have signed rental agreement by speed post
One can make application in the court to accept the rent on behalf of Owner, who is not accepting the rent from you for last 10 years. get this fixed first as continuation of your tenant ship in the shop.
Tenant should pay rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.
1. If landlord is not receiving it first send a notice to landlord with the cheque or draft of amount if same is not received by landlord, deposit same with the rent controller or the court by filing against the land lord then it would be on land lord to collect same. Further seek.direction from.court to appoint a recoever of rent in the matter.
1. Sir the rent will be deposited with court and same can be collected by owner in that case you will be bone fide regarding eviction. Further the court will appoint the receiver.
The rent can be deposited with rent controller by way of making an application and depositing amount taking receipt of same. Notice of deposit to owner shall be given after same is deposited.
Dear Client,
If land lord is refusing to receive rent than you can submit rent directly to their bank account or at rent commissioner in court.
In such cases rent with the permission of the concerned court rent has to be deposited in the court's Nazarat so please go to the Civil Court and ask the Nazir there for the deposition.
Dear Sir,
It is better to send the rent amount through cheque and send it by registered post, if he refuses to accept that then it will be one of the proof to you. Alternatively you may file miscellaneous case in civil court and deposit the rent. The owner can claim arrears of only last 3 years, I do not know why you are worrying. He cannot remove you with police force. If you resists then he has to file a suit for eviction and it will go for 2-3 years.
Dear client,
1. if landlord refuses to accept and it is returned with endorsement refused it is sufficient proof that you have offered to pay but landlord declined to accept.
2.Alternatively you may file miscellaneous case in civil court and deposit the rent. The owner can claim arrears of only last 3 years, I do not know why you are worrying. He cannot remove you with police force.
First things first, you don’t need to worry as you are protected by Section 7 of the West Bengal Premises Tenancy Act, 1997. This particular provision bars the making of an order of delivery of possession in favour of the landlord on the ground of default of payment in the case the tenant readily clears all arrears in a prescribed timeframe.
For this, he is needed to pay the arrears of rent at the rate rent was last paid either to the landlord or to the rent controller within one month of service of summons in an eviction proceeding or within one month of his appearance in case he appears before the service of summons.
This benefit can only be availed once. In case of second default, he shall be liable for eviction. So you are ok!
Coming to your second query: Where the landlord refuses to accept rent or there is confusion as to whom it is to be paid, the Act allows for deposition of rent with the controller.
I hope that answers your question. Follow-up questions welcome.
If the landlord is not willing to accept the rental amount then you may send the same by money order.
If he refuses to accept the same then you may write him a letter or a notice seeking his bank account number to which you can directly remit the rental amount.
If he is still not responding to this notice, then you may approach a rent controller court or civil court seeking its permission to deposit the rent to the court for this reason.
If there is no owner or receiver appointed by the court for collecting rent for said the property then what should be done?
You can file a case before court for depositing the rent in the court.
In such case the tenant can submit the rent at rent control? or how it can be done?
By filing a petition seeking its permission to deposit the same