• Landlord is not taking rent

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.
Asked 4 years ago in Property Law
Religion: Christian

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24 Answers

Deposit the rent with the rent control office.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

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.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94886 Answers
7569 Consultations

5.0 on 5.0

Landlord wants to evict tenants 

 

he may not be accepting rent to make out a case for eviction 

Ajay Sethi
Advocate, Mumbai
94886 Answers
7569 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
7535 Answers
79 Consultations

5.0 on 5.0

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

He want to evict you from the property.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22857 Answers
492 Consultations

5.0 on 5.0

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

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

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

Prashant Nayak
Advocate, Mumbai
32037 Answers
183 Consultations

4.1 on 5.0

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. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Landlord want to the eviction of tenants 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13320 Answers
199 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can deposit the same in the court by making an application to do so.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Check his availability.

He might have gone abroad, or transferred it to some other person etc.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85085 Answers
2213 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85085 Answers
2213 Consultations

5.0 on 5.0

Well this is absurd. Try to meet him and talk to him. What does he want??

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

I haven't heard of any landlord who doesn't take rent. He may not be taking rent because he may be doing this as charity.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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