My landlord has not given the rent receipts?

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
I am staying at a commercial rented place since last one and a half year,the rent is Rs.12000/-per month,I am paying the rent every month in cash.The landlord has never given me any rent receipt till date,neither I have asked for one.

Can he challenge me the court of law for non payment of rent now ??

What should I do if does so??

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Devajyoti Barman (Expert) 17 June 2011
Yes , he can not only dispute the payment of rent but he can even treat you as licensee in stead of tenant.

However, this does not mean that you are debarred from proving the fact of payment of rent through oral evidence.

DEFENSE ADVOCATE.-firmaction@g (Expert) 17 June 2011
the landlord is duty bound to give rent reciepts otherwise it is criminal offense in most of the state rent acts.

The landlord has to issue notice for non payment of rent and far want of such notice his guilt will be presumed.

piyush sharma (Expert) 17 June 2011
In opinion he can file a case but then he also has to explain the court that why he has not asked for the rent from last 1 1/2 year and if he asked for the rent but you have not paid they he has not take any action to recovery the rent from last 1 1/2 year. You can also defend you case by oral evidences.
You should from now on must take a rent reciept for payment of rent or make payment through cheque or net banking.

Kiran Kumar (Expert) 17 June 2011
well advised by Devajyoti, and it is incorrect to state that such an act of landlord is an offence in most of the state rent laws.

what Piyush stated is a feeble defence and can easily be rebutted.

the easiest possible way for you is to pay the rent either by way of cheque or by money order or by draft or by any other mode so that you can prove the passing of money to the landlord as a matter of rent.

DEFENSE ADVOCATE.-firmaction@g (Expert) 17 June 2011
Pl go through the entire act , it is a criminal offense.

Shashikant V. Patil (Expert) 17 June 2011
Mr Kiran Kumar is right. In addition to this you take his bank account number and deposit the money. You can keep the money deposit slip with you to prove you that you are paying a house rent. Also you have not executed any leave and license agreement hence question does not arise to treat you as a licensee. Every thing is going in a good faith. But you must be cautious about unforeseen happenings.

Ravikant Soni (Expert) 17 June 2011
Try to make a conversation as to up-to-date payment of rent with your land lord and record the conversation in voice recorder device. It may help you. For future you should pay him rent by cheque.

Jitendar Kumar gupta (Expert) 17 June 2011
you have issue cheque to the landlord, if he is not issuing the receipt. You have not mentioned that how much time you have taken the premises on rent. if it is more then o111 months then it has to be registered.

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