Refusal of rent ...
ts
(Querist) 27 November 2013
This query is : Resolved
Hello,
As per Sec. 27 of the Delhi Rent Control Act if the Landlord refuses to accept rent then that rent has to be deposited within 21 days in the Court by moving an application u/s 27 of the Act.
I visited the Landlord but was told by his employees that the Land lord was not in the city. I duly sent the Landlord the rent for next 6 months by Money Order but the same was returned saying Door Locked of his residence ...
Now if i file the Application u/s 27 of the DRC Act, the Land lord will take a plea stating that the rent was never refused . What steps should i take now as he will always state that he never received Money Order or even the Legal Notice, if i send so now.
Sec. 27 of the DRC Act states as under-
"(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner "
Devajyoti Barman
(Expert) 27 November 2013
Keep the MO receipts with you. It would p0rve your attempt to send rent.
Continue sending money through MO.
Raj Kumar Makkad
(Expert) 27 November 2013
If money order has been refused by the landlord then better to get it deposited with the Rent controller (Court).
ts
(Querist) 27 November 2013
But the ques. is -
Should i file Application u/s 27 now or not and
will this be considered as Refusal or not.
Cause this application has to be moved in 21 days.
Sec 28 of DRC Act.- Time limit of making deposit and consequences of incorrect particulars is application for deposit.-
(1) No rent deposited under section 27 shall be considered to have been validly deposited under that section, unless the deposit is made within twenty-one days of the time referred to in section 26 for payment of the rent.
(2) No such deposit shall be considered to have been validly made, if the tenant willfully makes any false statement in his application for depositing the rent, unless the landlord has withdrawn the amount deposited before the date of filing an application for the recovery of possession of the premises from the tenant.
Sec.26 of the Act -
Receipt to be given for rent paid. –
(1) Every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable [and where any default occurs in the payment of rent, the tenant shall be liable to pay simple interest at the rate of fifteen per cent. per annum from the date on which such payment of rent is due to the date on which it is paid]
Provided that it shall be open to the tenant to remit the rent to his landlords by postal money order.]
Raj Kumar Makkad
(Expert) 28 November 2013
You should definitely move the desired application.
ts
(Querist) 28 November 2013
The Money Order receipts mentioned "door locked" of the Landlord and that would not constitute "does not accept any rent".
I had not sent him any Notice for payment though.
Thanks ...
Rajendra K Goyal
(Expert) 28 November 2013
You should move application as advised by the experts.
T. Kalaiselvan, Advocate
(Expert) 28 November 2013
Every time you send the money order, you get the same returned with the reason endorsed in it stating 'door locked', so to not to be at fault you are depositing the same with the court, there is nothing wrong in your act. It will not presumed as that you have not tried to pay the rent, you preserve the original receipts and produce them before the court during trial.
ts
(Querist) 28 November 2013
Thanks ...
But i still have 20 days more to deposit this rent in court.
What other methods can i adopt to ensure the court that i tried all methods -
1.By going personally to him - He refused to meet me last time...so can happen same this time.
2. By sending a Notice through regd. Ad but that too he can refuse to receive and it can come back as " door locked ".
How can i prove to court that i went to meet him personally.
And also tried all possible methods.
Dr J C Vashista
(Expert) 29 November 2013
Before you get late (rather it is never late), file your application u/s 27 DRC Act, 1958 and deposit the money in court. Let the landlord may take any plea, donot worry for it, contest.
prabhakar singh
(Expert) 29 November 2013
In my view you send him a notice by speed post stating all past facts and MO and request him to give you his bank a/c number
in which he would like his rent deposited.Follow up for service or refusal
and only thereafter file the petition for deposit in court.
Devajyoti Barman
(Expert) 29 November 2013
Tough you are already advised what do, you are still asking on the same topic.
ts
(Querist) 29 November 2013
It has 2 diff. views sir ...
so still giving time in the forum ...
Thanks ...
Dr J C Vashista
(Expert) 30 November 2013
No different views of experts are there. The mandatory requirement of law is that the landlord has refused to accept rent for that you are to submit original postal receipts & remarks of postman, the case falls under the provisions of DRC Act and rent can be deposited in the court
ts
(Querist) 30 November 2013
The postal slips don't say refusal by the landlord but says Landlord unavailable...
Thanks...
Dr J C Vashista
(Expert) 01 December 2013
Ask the concerned booking post office/post master to issue necessary letter.
prabhakar singh
(Expert) 01 December 2013
Unless you have a refusal endorsement, your right to deposit would never occasion because of wordings used in Sec. 28 of DRC Act.
Guest
(Expert) 01 December 2013
Since it is for 6 months that is six times the rental payment was not delivered let the reason be any thing you could deposit the same in court you have also not received any communications from land lord.But make sure every month have you added the returned amounts in money orders.Further Communications to landlord not required let the court do it.
Rajendra K Goyal
(Expert) 01 December 2013
Keep the original returned MO receipts, deposit the past rent in court after moving the required application and also send notice / information through registered AD post mentioning all the facts and information under which the rent was deposited in the court.
ajay sethi
(Expert) 01 December 2013
agree with experts
Devajyoti Barman
(Expert) 01 December 2013
Send once again and wait for better postal endorsement.
In any case if landlord is not available, you can not supposed to search for him.
If in future default of rent case is filed, you can file all the arrears in court.There is no harm in it.
ts
(Querist) 01 December 2013
The returned Postal receipts say - Door Locked, Land lord not available.
I also asked was if the contract says " The tenant can enjoy and avail the tenancy of the shop on monthly rent of Rs.2,000/- and the said rent will be paid to the party before 12th of each calender month against proper receipt."
Now does this means for the Month of November it has to be paid before 12th of November or by 12th of December after using the premiss and it is not written Advance Rent.
Thanks ...
Dr J C Vashista
(Expert) 02 December 2013
Since you are on month-to-month tenancy accordingly you are required to pay/ deposit rent on or before 10th day of every English calander month.
Engage a local lawyer to take on your brief in a professional manner.
prabhakar singh
(Expert) 02 December 2013
If at the initiation of tenancy one month advance rent was paid then 12th DEC.
otherwise 12th Nov.
