Notice of demand ...
tdeli
(Querist) 24 April 2012
This query is : Resolved
A landlord did not issue any receipt for rent for the last 10 years and claimed that the excess amount received by him during the last 3 years was for previous adjustments of the rent defaults prior to 3 years.
The landlord issued a notice of demand claiming the rent defaults for the last 6 months to which the tenant refused to have received and thus dint answered.
Ques.As there was no receipts issued by the landlord should the landlord give details of how he had adjusted excess amount in the notice of demand or not to make it a valid notice of demand.
ajay sethi
(Expert) 24 April 2012
if no receipts issued for 10 years why were you silent ?
second mistake did not reply to legal notice
you have to ask for deatiled particulars from landlord
R.K Nanda
(Expert) 24 April 2012
File reply to legal notice of landlord strongly by lawyer.
Shonee Kapoor
(Expert) 24 April 2012
File a strong reply.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 24 April 2012
It is the duty of the tenant to get receipt against the payment. If he do not receive it, he cannot shieft his onus to prove landlord about the adjustment.
How shall tenant prove that he made any payment to the landlord. You should pay thanks to the landlord who has claimed amount just for 6 months otherwise he was free to demand for last 36 months as per law and you would not have any other option but to clear that demanded amount without any hue and cry.
Patch up the matter mutually.
prabhakar singh
(Expert) 25 April 2012
Although experience favors you as often land lords avoid to issue receipt but unfortunately law is otherwise.
As and when a dispute of payment of rent arises,the initial burden is on tenant to prove he paid the rent. Receipt by land lord is best peace of evidence to discharge this burden.
Many state rent control legislation have taken notice of this situation and have provided a procedure that if land lord declines to issue receipt ,tenant should serve a registered notice on the land lord asking him to tell a bank account in which the rent has to be deposited.If land lord does not comply to such a notice then tenant would send the rent by an MO after deducting MO commission,and when MO is not accepted,the tenant shall deposit it in court of rent controller.
In many states where it is not legislated for this kind of contingency,as in UP too,the practice is to send MO and on refusal to deposit in court.
You did not tell in which state the building is and if the building is subjected or exempted to state rent law???
But it is also clear that you have not been prompt to take steps required to meet such situations.
Better consult a local lawyer practicing rent cases.
