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AKS MAT (AO)     01 July 2010

landlord not accepting rent

The landlord suddenly asks to vacate residential premises . But then gives time for another 6 months . Meanwhile he says that rent be paid in cash but he refuses  to issue receipt for the same . Taking caution , the tenant sends a cheque by Regd Post . Letter is accepted but amount not withdrawn by land-lord . Then rent sent by Money order . The money order repeatedly returned with remarks that house is locked . Then draft sent by courier which is returned with remarks being " refused to accept " .

No known legal action is there by landlord .

Plz advice what could be going on ? and what is the remedy ?



 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 July 2010

Get a local advocate to file a case in the court against the landlord and make an application for payment of rent in court.

1 Like

bhagwat patil (Property due diligence 9422773303)     01 July 2010

keep all evidences of  mo reciepts and refused cheques and dd with u. continue to send the rent by MO.

1 Like

sridher mariappan (advocate/notary)     01 July 2010

sir

there are procedures to be adopted by the tenant to protect his interest. as all letters and MO have been refused send a final notice asking him to specify his bank particulars for deposit of rent. if he fails to do so file an application under the Rent Control Act seeking permission to deposit and continue to deposit in court till the disposal of the case. He is probably refusing so as to file an applicaiton for eviction under the ground of wilful default in the payment of rent.

regards

sridher

1 Like

AKS MAT (AO)     01 July 2010

thanx for advice .

the land-lord was asked to provide bank details , but he did not provide . All refusal / unserved letters have been kept . He has been written that he may get the rent whenever he likes .

But is it necessary to approach the court as there is no case filed by landlord against tenant ?

Is it not sufficient to prove when required that the tenant had tried every method to pay the rent but the same was not accepted by the landlord ? 

lntyagi (sr.toa)     01 July 2010

bhai dimaag me shanti rakh....kahi aur makan dhundh le.....makan malik ki khoon pasine ki kamai par nazar mat rakh.... baki tumhari marji....god bless you.

2 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 July 2010

Agreed with Mr. Shashi Kumar. U can call me at 9871158578 for further help n queries
1 Like

Bobby Mani T (Lawyer)     11 December 2010

My advice is not to do any thing as the landlord can evict you only through a court of law under rent control Act, if you fear forcefull eviciton you may get an order of injuction not to evict you with out proper order from court of competent jurisdcition.  You need not sent him furhter rent.  Let him file suit for rent.  Plesase chek this advice as rent laws differ in every state.  You better take advice from your local lawyer.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 December 2010

Please do not get scared , no body can evict you other than due process of law which will take years and years.

The most imp iS THAT  you should not be defaulter in rent for which you should send comumalaive MOs every month. Or send annural rent.

Budhiraja do you attend and are consersant with procedures of SC , if so we have work provided it is cost effective.

MY REQUEST TO ALL THE TENANTS AND COUNSELS REPRESENTING THEM FROM ANY PART OF THE COUNTRY , OUR ASSISTANCE IS ALWAYS THERE WITHOUT ANY OBLIGATION RIGHT UPTO HIGHEST FORUMS.


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