You are not bound to pay increased rentals as there is no such rent agreement executed with landlord
2) inform landlord that you would vacate premises after one month as you are unable to pay enhanced rentals
Forcing to pay amounts
Hi, I have shifted in a property on 25th Dec'18 through Nestaway. The same property got delisted in Jun'19 but I have continued staying in the same property. I deposited security of 7500 with Nestaway from which I received 5000 after my landlord offboarded her property & I immediately paid this 5000 security to her. Now since the Covid-19 situation started, my landlord is asking me to pay a 10% increased amount from March till May (2250). There was no rent agreement shared by her after delisting the property. She is also forcing me to pay the remaining 2500 security in this month only (7500-5000). However, Nestaway never cleared this remaining amount & didn't give clarification of deducting the amount. Please, someone, help me out in this situation, as currently I'm facing salary deduction also but my landlord is not listening to any of my requests.
Asked 5 years ago in Property Law
Religion: Hindu
18 Answers
As of now the Landlord should not ask for rent and increase in the rent amount. you can make complaint to state home ministry department regarding this.
Thank you so much Mr. Ajay for your response. Are there any chances of explaining to her why I will not pay these increased amounts as she is giving reference to the agreement shared by Nestaway Team which ideally is not shared by her as it belongs to Nestaway.
Asked 5 years ago
Rent is payable as decided in the beginning. Once tenancy started, rent cannot be increased unilaterally by landlord. Refuse her straight, She cannot do anything.
You can ask from her the agreement and ask to share with you those points
Your case should there is no clause in your agreement for increase rentals
2)on account of pandemic your salary has reduced and you would not be in position to pay increased rentals
- The Ministry of Home Affairs , has issued instructions to landlords and house owners to defer rent collections from tenants for at least three months in the wake of the COVID-19 crisis.
- Hence, legally , the landlord cannot increased rent or force to pay rent , during the lockdown period, specially in the absence of renewal of agreement.
- Since, there is no renewal of the agreement , hence you are not bond with any clauses for the same , except to pay the rent on monthly basis , and hence the landlord cannot for you to pay remaining 2500.
- You can lodged your complaint in the office of home ministry in Utter pradesh , and should raise the issue before the Nestway as well .
1. See in your case there is no agreement and the land lord has not made any demand prior to this you may deny landlord to pay increased amount though land lord may serve eviction notice and may evict you from the premises.
1. NESTAWAY agreement is not applicable you talk to her make new agreement and also explain her that due to pandemic increased amount cannot be paid by you therefore make agreement at existing rent.
This is the period of pandemic and you can tell her that you have right to delay the rent. Increase in rent is not at all possible. Agreement is invalid as she delisted from nestaway and moreover force majeure is applicable due to pandemic
Sir
At present there is no agreement between your landlord and you, so therefore she is in no position to ask you for a enhanced rent or even rely on the agreement which is even replying upon.
Kindly refer her to the guidelines by the home ministry which clarifies that during this pandemic she is not in a position to force you or to demand rent from you for atleast 3 months.
In these tikes when paying rent is difficult how can he demand increased rent. He should be happy that he is getting rent.
Tell him that government directives are there that rent cannit be increased.
The agreement should be shared by her and also since the present situation the force majuere clause will help you.
Since you are occupying the rented premise you are liable to pay the rent as prescribed.
You cannot claim excuse for not paying it citing present global crisis as a reason.
If you're not able to pay the rent then you may vacate the premises and deliver vacant possession of the premise to the landlord.
You will not get any relief through court of law on this.
You may negotiate with the owner and buy some time with the owner to pay the rent.
If there's no rental agreement between you both then you cannot fight over this legally.
The owner may evict you legally if you do not comply with the demands made by her.
Hence better talk to her and settle the things amicably.
You should pay it as per the agreement. You should Consult nestaway for the same. If the said charges are not affordable you can vacate the property. Currently the govt has given some deferment in payment of rent as per covid situation. Kindly check whether there is a UP notification for the same. It's better both of you should mutually agree and decide the same
1. Why did you not demand the copy of rent agreement? Did you sign the rent agreement?
2. Was the agreement shared by Nestaway a tripartite agreement between you, nestaway and landlord? Does it make a mention of the annual increase in the rent?
3. If there is no rent agreement signed by you then you can refuse to pay the increased amount, but it also reduces you to a trespasser in the property.
Your landlord tenant relationship is governed by your rent agreement. If there is no rent agreement then the landlord may increase the rent which is justified. He cannot increase the rent according to his/her wish. You can file a case against your landlord with the rent controller for arbitrary increase in rent.
1. You should contact customer care of nestaway demanding explaination of this deposit deductions by them.
2. The best way to solve the dispute is negotiations with landlord
