Deposit the rent with the rent control office.
My landlord is not taking rent since year 2006. Several times rent is sent by M.O. but refused and returned back. No reason given. ( In fact he is not taking rent from all other tenants too) I have rent paid receipts prior to year 2006 and other documents. I am a senior citizen lady and a (pagdi) tenant having an office in this 5 storey cessed building in south Mumbai since 1993. The building is repaired by MHADA some 5-6 times. The building is more than 100 years old. The present landlord purchased the property in 1997.
What may be the reason landlord not taking rent
He may be making a ground for non payment of rent. However, contact a local lawyer and deposit the rent in the court and receipt thereof may be kept in record.
You have made efforts to pay rent to landlord send MO but landlord is refusing to accept it
2) if you have his bank account you can transfer rent by NEFT transfer and send email recording payment of rent
3)you can deposit rentals in court if landlord is refusing to accept rent
That to shoe in the court you are not legally tenant. So you file case in the court under the Rent controller Act and Bombay Pagdi System. and pay all rent in the court and take receipt from court. to keep your status a tenant for last long.
1. your compliance as a tenant ends with the fact that you have made all attempts to tender the rent but that has been refused by the landlord, which is evident from the fact that the MO are returned to you un-encashed
2. thus your compliance ends and you need to do nothing further
3. as long as the tenant is ready and willing to tender the legitimate rent of his premises to the landlord, the latter cannot invoke any legal ground as to non-payment of rent by you for the purpose of evicting you
4. why the landlord is not accepting the rent cannot be predicted
5. suffice to say that you have adequately complied with your part of the obligations by regularly tendering the rent to the landlord
Definitely you have protection under Rent Act 1999.
The Landlord is not taking rent is backed y only one reason that he wants to file eviction suit for the non payment of rent under Maharashtra Rent Act 1999.
Please issue legal notice for acceptance of rent by landlord through crossed cheque,serve by speed post.
If the landlord is not taking rent then there is an option to deposit it in Rent Control office.
Even if you doesn't deposit it doesn't destroy your tenancy and once claimed by the landlord you would be liable to clear all arrears rent.
Landlord is trying to declare tenants defaulters so that can proceed for eviction. But don`t worry, you keep maintain the amount in some account every month and also the proof of MOs and refused him owner.
If any time builder will file suit of eviction, you can submit these proofs. You will be safe
He wants to file eviction suit on basis of non payment of rent. You deposit the same in a bank account or postal account regularly showing your bonafide. Later if he doesn't accept he will be responsible for his own actions
Hi
It appears that the present land lord does want to any of the tenant to claim any rights under Pagdi system as Pagdi system is detrimental to his ownership claims.
Since the building is more than 100 years old, the land lord may soon move MHADA and obtain demolition orders and thereof as the tenants to vacate the building.
So, as a tenant claiming pagdi rights, you keep records of all rent paid receipts and also refused money orders safe and in custody so that whenever the land lord comes with any demolition order, you can challenge the same.
In law, the land lord should pay you substantial monies in case he wants you to vacate the building or demolish the building and build new ones upon it.
Hope this information is useful.
- Since, the said landlord is not receiving the rent ,it shows that he is planning to file an eviction suit on the ground of non payment of rent .
- You should file a petition before the Rent controller for depositing the rent .
- Further , you can also file a Permanent Injunction suit against the landlord for restraining him to take possession from you forcibly.
1. If he is not taking rent then let him not take it. You continue to remain in possession of the property.
2. I cannot speculate why he is not accepting the rent.
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
Keep sending the rent through MO and keep the record of the returned MO.
You can also address a letter asking the owner to furnish his bank account details to enable you to deposit rent in to his account.
1. It is landlord choice that he is not taking rents from all the tenants.
2. You can keep the records that you tried to pay rent several times but it was refused by landlord for some unknown reasons. In case some dispute arise in future due to non payment of rents.
So you had remained silent after few attempts to pay the rent by MO failed.
Why did you not take further steps to pay the rent by issuing a legal notice to him and after that to approach court to accept the rent in the court deposit.
Even now you can approach the rent control court for permission to deposit the rental amount with the court regularly.
The landlord can prove before court tht you are willful defaulter and to evict you for that reason.
You can consult your advocate and take a quick decision.