Owner tenant issue
Vishal
(Querist) 21 December 2014
This query is : Resolved
Dear Sirs,
I have been staying in a rented house from 2.5 years. From May 2012 - Mar 2013 we had a rental agreement. Thereafter we have not executed the renewal agreement on mutual consent. I am leaving this house in Feb 2015. From past few weeks, the owner (XYZ) is behaving irrationally / erratically / may be gone insane. Don't know exactly what has happened with him. I am afraid the he may not return my advance that I gave while getting into the house. A fresh agreement will ensure a safe return of my money. But he is not ready to execute the rent agreement at all.What should I do ? Please advise.
And fyi, Few months back he came to me (XYZ)and said "If some one comes to you and asks who are you, then please tell them I am a relative of this property owner(ie. XYZ) and we are not paying any rent to XYZ"
Does it mean, the owner(XYZ)is showing the house as Self occupied property instead of Let out property ? Is it criminal offense to show a LOP as SOP to avoid tax? Can I file a case against him as he is avoiding to pay tax under income from house property ? Are there any ways to expose such kind of people / illegal things?
Highly appreciate your advise.
Rgds,
Vishal
+91 99450 52740
Bangalore Karnataka
Devajyoti Barman
(Expert) 21 December 2014
If you fear about non return of the advance then you better over stay in the property to adjust the advance money with the arrears rent.
If he does not return the advance then it would be a very tedious process of get return of the same through court of law.
ajay sethi
(Expert) 21 December 2014
adjust your security deposit against rent and then leave the premises
prabhakar singh
(Expert) 21 December 2014
-In absence of renewal of tenancy agreement,you would be treated as tenant month to month and the same can be determined by landlord by serving upon you
an one month notice in writing under section 106 of Transfer of property Act,which if not complied by you shall make him entitled to file an eviction suit subject to protection of any state rent control legislation that may be found applicable to the building in question.
You have not told how much earnest is in his hand and how much arrears of rent has been accumulated by now.However,you can adjust earnest towards arears of rent.
The other plans thought of are not going to yield too much.Tax raids are expensive business on the part of Govt.and tax authorities so they raid only when there is material to suspect huge evasions and huge black money expected to be seized on raid.
Rajendra K Goyal
(Expert) 21 December 2014
Try to leave the premises after adjusting earnest money towards rent. You have stayed there, better try to leave in pleasant atmosphere. Complaining to tax authorities on this small issue not recommended.
T. Kalaiselvan, Advocate 
(Expert) 25 December 2014
You have been advised suitably, decide what you are going to do, whether to get into problems in the name of avenging your landlord or quitting the premises peacefully to concentrate in your own career, decide.
