Reply to a legal notice

If you are harassed by your landlord, the first thing that needs to be done is to lodge a complaint with the Police.

In several cases, it is seen that the landlord files a notice of eviction on false grounds. For example, the landlord may evade the receipt of rent for a month and then use the same fact of willfully failing to pay rent as a ground to evict the tenant. However, in such cases also, the Rent Control Act can provide a remedy to the tenant.

Illegally evicting a tenant by the landlord is considered as a case of harassment by the landlord. And in this case, the tenant can sue the landlord and from the latest rulings of the court, it is observed that the court has taken a strict stand against this practice. The tenant is entitled to actual money damage which results from the illegal eviction. This may include compensation for temporary housing, for the food that spoiled when the electricity was cut-off, or for property that disappeared when the tenant was locked out by the landlord. Some states may allow a tenant to recover monetary penalties, such as two or three months rent or two to three times the actual damages. A tenant may also be able to remain on the premises, receive free occupancy, or vacate the premises and collect their security deposit from the landlord.

Regards,

Anaita Vas

You should send reply of legal notice to landlord and clarify  that you have been paying rent regularly in cash but you never issued rent receipts.your demand is illegal.

You should write him a legal notice stating that you have been diligently paying the rent in the form of cash for which you have received no receipt and when asked about the same, you are being asked to vacate, which is irrational and illegal order. 

First and foremost, find a witness who can prove that you actually paid your landlord in cash. This will make the burden of proof easier on you, in case your landlord sues you.

In case your landlord sues you, he can easily prove that you didn't pay rent as you paid in cash and have no proof of it. However, it'll be a task for you to prove that you paid the rent because you have no receipt or proof.

Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include wilful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.

Section 106 of the Transfer of Property Act, 1882 talks about illegal eviction.

Regards,

Anaita Vas

Respected Advocate Goyal & Anaita Vas,

Should I reply directly to Landlord at his home address or to the Lawyer who sent me the notice on his behalf & should that reply be sent via Registered mail because the notice was sent by Registered mail ?

Thank You so much.

You should reply to Advocate and copy of reply should be sent to landlord by registered post.

Yes, you need to furnish the reply. It is a golden opportunity for you bring facts/truth on record.