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Naser Hassan (N/A)     11 April 2014

Rental receipt not received

Hi ,

I live in kolkata ,West Bengal 
we are living in a room in kolkata since 1989  .. we used to give rent to land lord but from august 2011 they were not giving us rent receipt but i was keep paying rent untill december 2011 but they dint gave us receipt ...just giving different excuses from time to time ..so i stopped giving him rent ...now its been more than 2.5 years living in that room without rent receipt
 so can landlord evacuate us on the basis of rent not received ??

please reply ...we have no more home other than this ..we will be in serious danger otherwise 



 6 Replies

Dr J C Vashista (Advocate)     12 April 2014

You will have to pay rent, keep on paying, but if no receipt is issued, write letter followed by notice.

Advocate Ravinder (Advocate/Attorney)     12 April 2014

Follow the advice of Vashista sir. 

If you do not pay the rent, you will be evicted on the ground of default of payment of rent. 

Naser Hassan (N/A)     12 April 2014

Thanks for reply sir
but if i keep on paying like that, then what proof I have whether i have paid rent or not ,since i do not have receipt

Naser Hassan (N/A)     12 April 2014

Thanks for reply sir
but if i keep on paying like that, then what proof I have whether i have paid rent or not ,since i do not have receipt

Advocate Ravinder (Advocate/Attorney)     12 April 2014

Where there is no specific lease deed and neither the owner nor the tenant claims before the court for a long period of time, it is presumed that the tenant is paying the rent and the owner is taking the rent.  When you are paying the rent, why do you hesitate to demand receipt.  Inspite of your demand, if the owner does not give receipt, then you have to send him legal notice to give particulars of account No. to deposit the rent.  Inspite of that also if he does not respond you have to file a civil case and have to deposit the same into the court.  

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

Willful default in payment of rent will lead to circumstances of  eviction. It is you who has got to decide about continue to stay there as  a tenant by paying the entire arrears of rent and continue to pay the future rents too or face the legal action of forcible or legal eviction.


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