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Rent

(Querist) 24 September 2011 This query is : Resolved 
a shop vacent the tante, tantent give not paid rent in 48 month.
this rent is pay to other person
& he is bring the recipets. on balance amout. so, will sugges. give the recipte.or not,
i will vacent the shop
rate is 2200/- p.m
Raj Kumar Makkad (Expert) 24 September 2011
A tenant is required to deposit the rent to landlord only and he is also expected to get receipt from him against such payment as per terms of Rent agreement. Arrears up to 36 months can be charged legally by landlord.
Sankaranarayanan (Expert) 24 September 2011
i hope this is the second time you asked this query. already given explanation by learned friend mr. rajkumar and prahash singh . More over now mr rajkumar given correct advise to you for the same
M/s. Y-not legal services (Expert) 24 September 2011
The tenant not paying rent for 48 months mean what you doing without taking any steps to vacate him? If you are keep quite mean law will not be favour to you.. Just beware.
prabhakar singh (Expert) 24 September 2011
Expert sankar narayanan rightly says it is second round once posed as land lord now posed as tenant,it seems questioners are more smart and are continuously smarting us.

Rent payment is made to land lord only,burden of proof of payment of rent is on tenant.The land lord can recover arrears of rent falling due up to 3 years ,that is 36 months.Tenancy if in UP,exempted from UP RENT CONTROL ACT because rent is Rs.2200/=p.m.
DEFENSE ADVOCATE.-firmaction@g (Expert) 24 September 2011
People post repeated querries since may not have got all the answers.

I disagree being a consul for tenants.

1) The liability of paying rent is pious liability and SC has held in many cases that no tenant can escape under limitation.

2) But the liability for giving rent receipts is on landlord and if it is not given he has to prove rent is not received.

The burden to prove will shift on him.
Raj Kumar Makkad (Expert) 24 September 2011
I also go with JSDN.
Adv.Shine Thomas (Expert) 24 October 2011
I agree with JSDN.


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