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Nikhil SHETTY   13 May 2024

Rent agreement

My tenant is escaping to make the payments the through bank he is intentionally making payments with cash , and also not making payments on time he is rude and not maintaining clean ?

I want to discontinue with him,but he is saying that I don't have proof for
payments through bank .

what if I go to court and suit on tenant for not making payments on regular basis.because he is not making payments through bank


Learning

 9 Replies

Mr. Sumitra kumar (Advocate)     13 May 2024

is there a lease agreement/rent agreement between you and your tenant?

Thank you.

Nikhil SHETTY   13 May 2024

yes there is a rent agreement between much worried about the cash transaction done between us . tenant is very cunning and lies through phone call that he as made all the payments ...if we try to record through call

P. Venu (Advocate)     13 May 2024

The facts posted that the tenant is rent in cash instead of crediting to the bank. In my understanding, this alleged deficiency is no ground for seeking eviction.

Nikhil SHETTY   13 May 2024

what if I serve notice to evict him ,and also how can I claim my balance amount for number of months which tenant as not paid to me . how will the court decide that so much of amount needs to be paid to me because of cash trancation , if tenant tells that he paid me full amount till the date

please clarify on this

Mr. Sumitra kumar (Advocate)     13 May 2024

You have to be vigilant in such a case. If rent is due, serve a notice to him. You can ask for rent on whatsapp too.

 

Thank you.

Nikhil SHETTY   13 May 2024

He is not ready to pay the amount ,he is escaping

Mr. Sumitra kumar (Advocate)     13 May 2024

engage an advocate of your choice. Do you know aboute Evidence Act? Is he not paying rent or paying rent  in cash only?

Thank you.

 

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

You were advised to issue a legal notice to the tenant to vacate since he has defaulted the monthly rental payment failing which  you may file an eviction suit  for the same reason.

When is the rental agreement expiring and what are the conditions of rental agreement regarding mode of payment rental amount?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 May 2024

How much is the rent payable? Under the Income Tax Act, any payment above Rs.20000/- is payable and receivable by bank transfer only. He may be  refusing to pay by cheque because he may be having some income-tax problem. You refuse to accept the rent if he pays by cash and if he does not pay by cheque send him eviction notice for non-payment of rent. You can state in the notice that you cannot accept payment by cash.


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