Land lord not issuing receipt for rent
Mohammed Khaleelullah
(Querist) 15 December 2010
This query is : Resolved
I am a tenant in a house for the past more than five years by rental agreement dt 01-07-2005.Iam paying a rent of Rs.5000 now and it is paid regularly all these years without any default.Initially I asked for receipt, he refused. I sggested paying by cheque. Even that he did not agree. Now he has filed a petition in rent control court for eviction on grounds of wanting additional accommodation and it is still pending.Fortunately he has not denied the payment of rent by me regularly all these years.In the above case he falsely deposed before the court that I did not demand the receipt so he did not issue it.Recently I asked him in writing to adjust the advance of Rs. 20,000 lying idle with him towards rent for three months and retain only one month's advance as per Tamilnadu rent control Act 1960 and also issue receipt for the same and also rent to be received hereafter, as per sec 8 of the above Act and in the form prescribed in Rule 9 of Tamilnadu Rent control rules,1974.After three months, he has now replied that he has adjusted the rent for three months from the advance,retaining one month's rent only as advance, as per the above Act. But so far he has not issued any receipt towards that, as already requested by me in writing.Now I have to pay the rent in January,2011 and adamant landlord will not issue the recipt.I want to know in these circumstances what is the remedy for me.As a case is already pending in the court and after duly receiving the rent, he denies it and holds me as a wilful defaulter, I will have no basis to prove that I have paid the rent promptly. I want the experts in this field to kindly enlighten me on the course of action to be taken by me to safeguard my position and make the landlord obey the law.
Guest
(Expert) 15 December 2010
You may send an A/c. Payee Crossed cheque to your landlord towards rent by R.P.A.D. and then you decide of filing another R.C.O.P. (against your landlord) for depositing rent into it every month stating the reason your landlord is refusing to issue receipts.
PALNITKAR V.V.
(Expert) 16 December 2010
If the landlord has already filed proceeding for eviction in court, you should deposit the rent in court and get a receipt from the court.That is much easy than sending the rent by cheque etc.
Satyendra Kumar Pandey
(Expert) 16 December 2010
The matter is subjudic so deposit the entire rent in advance in court with the permissions of the court. Rent Control Act permitted to you for doing so, IF landlord refuse to take rent or giving receipt then sent the entire rent through Money Order in advance.
