• Rental issue

Dear sir ,
My family stays in rented house, rent of the house is 7.5 thousand.

My father is a pensioner he gets 17.5k per month as pension, i am jobless and my brother 
recently lost his job and my mother is housewife. My mother owns a house in her home town 
value app 5 lacs. My father owns a land of 2.5 acre value app: 1 lac per acre.
My father made a rental agreement between my mother and owner of house, though my mother can't read and write.

Terms and conditions of rental agreement
1. The tenancy period is for one year commencing from 10th april,2010. But this agreement
   can be renewed for further period if both parties agree.

2. The tenant agreed to pay the rent for the schedule of property at the rate of Rs.6,700
   per month payable on or before 5th day of succeeding month in english calender. The 
   owner will give a valid receipt for every payment received by her towards rent.

3.In addition to rent, the tenant shall pay the maintenance, water and electricity charges
  separately as per tariff card and actual consumption from time to time.

4.The owner or his authorized person shall have right to inspect the premises at all
  reasonable times for periodical inspection.

5.The tenant hereby undertakes to keep the schedule property in good and habitable conditions  during the tenure of this or further tenancy period if any. This agreement can be renewed for further future period if both parties agree.

6.The owner shall have a right to evict the tenant in case the tenant defaults any two months 
  in paying the rent by giving three months period of notice and in such case the tenant shall    
  deliver back possession of schedule property to the owner peacefully and quietly.

7.The tenant shall be liable to compensate the owner for any damage to the property let out. 

From april 2010 to july 2011 rent was paid and receipts were received on my mother name.
From aug 2011 to march 2012 rent was paid and receipts were received on my father name.
From arpil 2012 to jan 2013 my father made rent payment through NEFT from his account to
     owner bank account.

From Feb 2013 to jan 2014 my father did not transfer rent amount and owner did not check it.
Now owner came to know that my father did not pay the rent, he is demanding amount in single pay. Now we have evicted the house and my father is not willing to pay amount in single payment, he wants to pay it on installment basis.

Main problem is from my father first wife children, they are not allowing my father to pay rent,
they are asking me, my brother and my mother to pay rent.

my question is what will happen if owner proceeds legally to get back his rent.
 How will be the rent liability distributed among us?

Thanks and Regards,
Asked 4 years ago in Property Law from Hyderabad, Andhra Pradesh
the flat owner is concerned with recovery of money . he will accept payment in instalments .for 3 months rent of around rs 21,000 it is doubtful he will file suit to recovery outstanding dues . legal expenses will be more than amount payable  . since your mother was licencee liability to pay would fall on your mother
Ajay Sethi
Advocate, Mumbai
44214 Answers
2563 Consultations

5.0 on 5.0

You all family members who are staying on rented premises will be affected by landlord's legal action. Please negotiate with your owner and pay the rent. Among your family members and father you need to ensure an arrangement which is possible immediately. Later on seek maintenance and partition of the property. Engage an efficient local lawyer for proper legal assistance.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations

4.7 on 5.0

Why were the rent receipts issued in different names when there was no agreement to this effect? You may have vacated the house, but this does not obviate the liability to pay the rent for the period when you stayed in the property. Since the agreement has been made between your mother and owner of house she alone is liable to pay the rent.

If landlord proceeds to avail his legal rights to recover the rent then your mother will be held liable to pay the rent, failing which her property may be attached and she may even be sentenced to prison. So it is in your mother's interest to pay the outstanding rent.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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