• Landlord not accepting rent

We have been living as tenants for over 30 years and moved out of the place in May 2013 as the building was in a bad shape and we were concerned about our safety... nobody lives in the house now. The place is locked but we have kept some household stuff in the house... we pay the rent regularly but since past 2 years the landlord has not been accepting rent. Saying he needs ration card and other legal documents. We don't know if he's asking for redevelopment or some other purpose. We are worried that he might try to seize the property and make it his hence not given the document. We paid rent till Mar 2017. For the period of April 2017 to Mar 2018 we sent him a cheque via speed post which he accepted but have not deposited the cheque till date. And now also refusing to take rent unless we submit the document. Please help. Can he forge the document and claim the property as his. Should we give the documents that he's asking for
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

If the landlord is refusing to accept rent in any manner, then you can file a petition in the rent controller court and seek permission to deposit the same in the court. By doing this, you will be making sure that your landlord does not evict you from the property on grounds of non-payment of rent.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

See if it is in your possession he cannot take same further you can file application before the rent controller or court to deposit the rent with court.

Also you can give documents by taking proper endorsement of same that you have given such document to him.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you are in position of that property then you have to deposit the rent in the court and file regular suit in the Civil Court for temporary injunction under order 39 Rule 1 and 2 of CPC and regular suit for section 151 of civil procedure code

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi,

It is not understood as to why he is asking for those documents. If you are in possession of those documents, you may send him a photocopy. Further, you are suggested to send a legal notice to the landlord for accepting rent and if not accepted by him, file a case for injunction and obtain restraint orders against him.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You are just tenant and you don't have any right of ownership. Ownership rests with the landlord. If he's not accepting rent, you are adviced to take it as termination of tenancy and take your articles/things away from his property

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

What legal documents does landlord want ? 

 

You can continue to send rent by speed  post AD 

 

you  shift back to tenanted premises as landlord may file suit for eviction against  you 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can send it by money order or maintain a account in post ans deposit the rent in the same

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

You should not vacate the tenanted premises 

 

2) if you don’t stay in said flat landlord can file eviction suit against you 

 

3) you can continue to send landlord rent by speed post 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

No problem in giving the documents

Do you have a registered tenancy agreement or rent receipt issued by landlord in name of tenant

If yes then I do not see the reason behind the landlord asking for these documents

Since he is insisting you can always give him photocopies or true copies. How can he forge? 

Rent you must pay by money order or open a bank account and deposit rent in such account and notify the landlord about details of this account 

Cheque is valid only for 3 months from date of issue. So avoid cheque payments 

Landlord just can't evict you like that. He has to follow due process of law

Keep visiting the place every now and then 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Your landlord is trying to build a Base for himself to file an eviction suit against you on the ground that you have stopped paying rent to him and may allege many other false grounds for eviction against you. You can deposit the same in the court by making an application to do so

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See to transfer house in your name you need a sale deed to get rights as an owner.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can deposit the rent with the court as advised.

 

Also, you're just the part owners, if you had rented the place years ago under the pagdi system. So, it cannot be said that the house is fully yours legally. Had that been the case you would not have to pay any rent. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can still send him the rent in above way as well as fikr suit for the same

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Hi,

Keeping that thing in mind it was suggested to obtain restraining orders so that the landlord will not be able to sell or transfer to that property to anyone else.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can issue a legal notice to the landlord  to furnish his bank account number so that you would deposit the rental amount directly into his account.

He may not respond to it but you can file a petition before rent control court seeking its permission to deposit the rental amount before the court since the landlord is not accepting the rent and this legal notice would be a strong documentary evidence to prove your case.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Yes,  for pagdi system rented premises also you may follow the same procedure  as suggested in my previous post.

That will be safest mode to ensure your tenancy in tact and also to establish/secure  your tenancy rights.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear sir

If you don't have to possession of house and not paying rent then land lord can take the possession back from you and have right to evict you from the property. You should not give the documents and shift to the house ASAP and repair the house such that you can live in the house safely.  It will be better for you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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