Landlord not accecpting the rent .........
Aditya
(Querist) 15 January 2016
This query is : Resolved
I live in a tenant room in Mumbai suburb region. I have been regular in paying the rent since 1982. For which landlord has also issued the rent receipt.But Since last 2 -3 years he is not accepting the rent amount.
I have heard that if a landlord is not accepting the rent tenant can deposit it in the court.
Is it true , if yes where in Mumbai ( Which court ) should I deposit the Rent.....?
Please give me the advice......
M/s. Y-not legal services
(Expert) 16 January 2016
yes. what you heard, thats true. you can deposit the rent before court. but the reason must be bonafide.
if you want to not to be evicted mean you have to initiate the legal proceedings for that also..
alexander
(Expert) 16 January 2016
send the rent by money order. if he refuses you shall have the ground to approach the Rent Control Court to deposit the rent. And the landlord shall have no grounds then to seek eviction for non payment of rent
Rajendra K Goyal
(Expert) 16 January 2016
Consult your lawyer and deposit the rent in the court.
Adv. Yogen Kakade
(Expert) 16 January 2016
Is there any dispute going on between you and the owner? If no.. then you send rent money through money transfer or money order.
Aditya
(Querist) 16 January 2016
yes there is a dispute going on between tenants and the Landlord , He has filed eviction suit in small cause court on 8 tenants. And he keeps on filing eviction suit one after another on the tenants.
Aditya
(Querist) 16 January 2016
I am little bit confused , should I pay the rent to this landlord , since he does not hold the title.
This property belongs to A Lady who has taken sanyas , In year 1978 this property was lease to M/s XYZ pvt Ltd Company. for 98 years by this lady .There is a proper registered lease Deed between them ( Company & Owner ). Landlords Father was one of the director of that company. As on today this company is dormant Since 1992 , we have confirmed it from ROC ( Mumbai ) .
Now my question is whether one of directors son has got the right to collect the rent or to declare himself as a landord ?
Pls. note the company is dormant & nowhere in the AoA/AoM of the company it has mention so.
M V Gupta
(Expert) 16 January 2016
As the principal lessee is the Company and u are sub tenant, your liability to pay rents is to the Company. Check the terms of the lease deed executed by you.Even if the Company is dormant u have to pay rents to it only. Individual Directors cannot claim to receive the rents unless they are duly authorised by the Company.
Devajyoti Barman
(Expert) 17 January 2016
If the landlord is not accepting the rent you can deposit the same in the office of Rent Controller.
Meet a local lawyer for doing so.
Aditya
(Querist) 19 January 2016
Mr. Gupta Even I have raised the same point in our tenants committee meeting.That we (Tenants )are liable to pay rents only to the Company and not to the individual person . But the advocate who is handling the case on behalf of society says that once you have accepted any person as your landlord ( Whether He is or not ) you cannot deny him as a landlord in court( Small Cause ).
Is it true or our Adv. is misguiding us. Plz. let me know.
Thanks for your valuable advice..Mr. Gupta
M V Gupta
(Expert) 24 January 2016
With due respect to your Society's Advocate-
I have to state that any thing done under mistake of law or fact is not binding- one can always correct the mistake and do not commit the same mistake again and again. Rents paid to a wrong or unauthorized person will not discharge the tenants from their liability to the real landlord or lessor who can proceed to recover the rents at any time within three years of their due date.
K.S.Srinivas
(Expert) 25 January 2016
Yes. You have to pay the rents to the company, not to the individuals. In case of any dispute, pay the rent in the rent controller court.
