Non payment of rent by tenant's
KETAN J SHAH
(Querist) 01 December 2013
This query is : Resolved
Respected Sirs,
There are 2 suits filed by the Landlord on 2 different tenants.
1) In the first suit the Landlord has filed an eviction suit and stopped collecting the Rent and other outgoings since last one year and the Landlord has asked the tenant to deposit the amount in the Court . However the Tenant has not deposited the rent in the court but approached the Advocate of the Landlord and asked them to convey the message to the Landlord that the Landlord should collect the Rent directly from tenant which has been conveyed by the Advocate of Landlord to Landlord.
Is the Landlord right in not collecting Rent directly or should he follow the advice of his Advocate.
2) In the second suit the Tenant inspite of taking order from the Court is not depositing the rent on time and he has refused to pay B M C property tax saying that since he is paying Rent to the Landlord he is not liable to pay Taxes and other Outgoings. All this is to be borne by the Landlord . The rent paid is Rs.150/- per month and Tax is about Rs 420/- per month.
Both the Suits are at Landlords Cross examination stage.
Please advice.
Thanking you in advance.
Kishor Mehta
(Expert) 01 December 2013
Sir,
In Maharashtra when the landlord does not accept rent from the tenant, it is advisable for the tenant to send the rent per money order to the landlord, and safe keep the receipts and/or refusal receipts of the landlord for his own safety to prove that the tenant is ready and willing to pay the rent. Hence in the first case it is not proper for the tenant to ask the landlord to collect the rent from the tenant. This puts the tenant in a very vulnerable position as per the Maharashtra Rent Control Act 1999.
In the second case, the tenant should immediately deposit the rent with the Court, else it may be considered contempt of the Court. The tenant is liable to pay the taxes and other out goings as per the tenancy agreement.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 02 December 2013
1. The tenant should deposit the rent in the court.
2. Tenant should deposit rent and pay taxes.
R.K Nanda
(Expert) 02 December 2013
agree with experts.
