You are not liable to pay back dated increment
2) there is no agreement to pay increase on rentals
3) vacate the premises after issue of one month notice
Backdated increment in rent
Hi. I have rented a flat in Pune. Rental agreement was done for period of 11 months starting August 2018 There is no mention of any kind of increment in rent after 11 months We didn't renew the agreement in August 2019 We continued to pay the same amount of rent as decided in 2018 agreement. This August the landlord told us that there was 10 percent increment in every term. So last year the rent had increased 10 percent. So kindly pay the backdated increment amount. Also this year there will be additional 10 percent increase. There was no discussion regarding increment at the start of agreement. As it's not mentioned in agreement we know it's not binding to pay the backdated increment. But landlord is adamant. So what are our options? We are worried if we decide the vacate the premises. He will cut the pending amount on the pretext of maintenance. Is there any solution to this. ? We are ready to pay 5 percent increment if at all we have to pay backdated . But again should we pay backdated rent increment.?
Asked 5 years ago in Property Law
Religion: Hindu
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16 Answers
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 wish. You can file a case against your landlord with the rent controller for arbitrary increase in rent
- As per law , both the parties are bond with the clauses mentioned in the rent agreement.
- If , the said agreement was not containing the clause for 10 % increment in the rent amount , then the landlord cannot recover the extra amount from the tenant .
- Further , after the expiry & non renewal of the rent agreement , the tenancy will be considered as month to month basis , and the said agreement is having no value in the eye of law after its expiration.
- Legally the landlord cannot recover the 10% increment on the rent from you even from the court .
- Hence, you are not bond to pay any extra amount which was fixed earlier.
- Send a legal notice to the landlord with one month rent , and thereby mention that you are not bond to pay any extra amount in the absence of rent agreement , and thereby ask to refund the security amount if paid.
1. On expiry of existing tenancy if the same continues without execution of new agreement then its considered to have been renewed on previous terms and conditions.
2. In your case also the tenancy is renewed by conduct of both of you. and since no fresh agreement was signed by you the landlord can not impose any new conductor with retrospective effect.
3. Therefore you are not liable to pay any increment rent for months already passed and till a fresh agreement with modified terms and conditions is executed.
You can ask him the to read the initial agreement in which there is no clause of to increase 10% rent and secondly there is no such agreement. So there is no point to increase 10% rent from back dated . he is liable to increase from the said day.
Either you change the place or ask him to make new agreement.
There is no other solution you need to settle with him or challenge it in court or vacate the premises and then if he deducts then challenge the same in court. Actually as per market standard there is increase every year. But if thats not acceptable to us we can vacate at the start only. The landlord should also inform the same at the start only and not later.
You are not liable to pay the increment retrospectively if not agreed in the agreement you may deny paying same, you may ask landlord that he can increase for this year. If he is not agreeing you may seek your security deposit back and then handover the premises back to him. Give possession after he refunds the security deposit amount.
There is no need to pay back dated yearly increment in rent which is not mention in the rental agreement. Normally every owner of the building increased their rent 5 to 10%.So better vacate the house after issuing one month notice. The land lord could not realise back dated arrears
You shouldn't pay anything at all. Let him deduct the amount. Adjust the amount in the rent. Pay lesser rent amount in the next month. This is plain cheating. In such times how can he increase the rent.
No worries.
If no clause in the Agreement then No increment in rent.
Please find out whether Rent Agreement is registered with Competent Authorities under Maharashtra Rent Act 1999 if not then challenge the landlord for the rent in increment and existence of the contract.
You may warn the landlord for Criminal charges against him for non-registrarion of Rent Agreement under the Act.
If there's no clause mandating the enhancement of rent every year then you can refuse to pay the same.
You can ask him to give it in writing because he has not even renewed the agreement hence he has no rights or reason to make this claim at this stage.
If you want to vacate, you can do it, you can initiate legal action for recovery of advance amount if the owner is doing some mischief to not to return the advance amount.
1. Since earlier L&L /Rent agreement is legally no longer effective after its expiry, neither Tenant or Landlord can enforce its clauses after expiry date.
2. It is a usual practice to increase 10% rent amount after every 1-2 years PROVIDED the same is mutually agreed upon. Anyways landlord is not entitled to claim back dated increase of 10% since this was not mutually agreed between both parties.
3. You are advised to settle amicably since any legal option shall be costly and time consuming and will strain relationships.
Hello!
1. Do not pay any enhanced rent whatsoever for the last year and even for this year unless there is a written renewal of agreement.
2. Before paying anything try to negotiate on the terms that are acceptable to you.
3. If your landlord doesn't agree to renew the agreement without receiving enhanced rent and on your terms, you can get issued issue a legal notice to the landlord mentioning that you are terminating the tenancy as he is demanding unlawful payments, and ask him to refund the entire security deposit.
Mention that in case he doesn't return the amount withing the notice period you will initiate appropriate civil and criminal proceedings against him.
This should take care of your interests.
Best wishes.
You are not bound to pay backdated increment.
File a complaint against him if he is adamant.
But that would only hamper your relationship with him.
Try convincing him for not taking and paying increment in future
1. Legally you are not bound to pay backdated increment of rent.
2. In this case only solution is to negotiate the rent with landlord or say that you will vacate the premises once the deposit amount is cleared by rent or you will stop the payment of rent till pendency of rent become equivalent to deposit.
Dear Sir/Madam,
You are suggested to talk the landlord mutually for any solution and if he is very adamant, serve him a legal notice that in the absence of written agreement, nothing can be imposed on you. If he does not respond correctly then also, you may file a suit against him.
