To claim unpaid rent
Deep
(Querist) 12 January 2014
This query is : Resolved
I had pagdi resident property which went into redevelopment after landlord sold to builder for redevelopment. After that agreement was done between builder and me for redevelopment for which he had given resident property which would be ownership in nature and would provide rent till he complete and provide possession but since last seven years he had not completed the project nor providing rent from last five years. So can you advice me what should i do to get rent and my property. Is there any timelimit to file a case for unpaid rent in court. please advice
Devajyoti Barman
(Expert) 12 January 2014
You can claim the rent by money suit but not rent for more than last three year's time unless you have written proof of his acknowledgement that such rent is due to you.
Dr J C Vashista
(Expert) 13 January 2014
You can claim rent for last 3 years, if you have a valid agreement
R.K Nanda
(Expert) 13 January 2014
agree with experts.
Rajendra K Goyal
(Expert) 13 January 2014
Send legal notice for claiming the rent, Contact a local lawyer.
Advocate. Arunagiri
(Expert) 13 January 2014
Sorry, I disgree with the experts.
There is no time limit for claiming the rent under the rent control act.
For filing the case under the rent control act, you should send a legal notice to the tenant. Only when he refuses to pay the rent, in time, you can file the case.
The rent controller will pass an interim order to remit the rent arrears (admitted by the tenant or as per the agreement, which ever is higher, and will also order to remit the future rent in the court.
prabhakar singh
(Expert) 13 January 2014
Any money or rent due is recoverable with in period of three years from due or acknowledged date.
Rent control provisions are different in states.
If your building is in U.P. and governed by state Act of 1972 and letting is valid under the said Act then you should serve a 30 days'notice under the said Act claiming all arrears irrespective of period of default and in case rent is not paid file the suit for realisation of limitation period only,if tenant wants to save his tenancy,he would have to deposit all rent dues togather with interest @9%plus cost of suit and advocates fees on the very first date of hearing, failing which court shall declare him defaulter and a decree of eviction would be passed against him.
Dr J C Vashista
(Expert) 14 January 2014
There is minor difference in Rent Control Act (State subject)where "Any money or rent due is recoverable with in period of three years from due or acknowledged date." rightly advised by Sh. Parbhakar Singh, I fully agree and endorse.
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
I too endorse that it is three years period from the date of acknowledgment or three years back from this date.
Advocate. Arunagiri
(Expert) 14 January 2014
I hereby give you the url of the Allahabad judgement on the time bar of rent claim.
http://www.indiankanoon.org/doc/1684849/
"20. It will be seen that the main provision was that right to relief from eviction was available if the tenant pays rent legally recoverable. There is no such restriction on the liability to pay rent in the Rent Control Act of 1972 of this State Here the tenant has to pay the entire amount of rent due, and not merely that portion which is legally recoverable. This case is hence distinguishable."
So, the in the Rent control act you can recover even 30 years rent arrears.
prabhakar singh
(Expert) 14 January 2014
One must have some mind to read things and to understand law,being LLB or practicing in HIGHER COURTS DOES NOT MAKE ONE A LAWYER !
V R SHROFF
(Expert) 14 January 2014
This matter being part of redevelopment contract, the terms of contract will apply.
As breach of contract, you may get stay order, and builder wil loose a lot, will compromise and pay all that is due to you.
Experts must understand, developer have no tenant/ landlord relationship
It is diff contract, also protected by Govt. SRA etc
RENT CONTROL ACT CANNOT BE APPLIED TO sra SCHEMES.
prabhakar singh
(Expert) 15 January 2014
I admit I did some haste in my earlier replies as they were reactions to replies of other experts without reading the original query WHICH I JUST READ AFTER RIGHT REMARK OF MR.V R SHROFF.
SO I SQUARELY AGREE WITH OPINION EXPRESSED BY MR.V R SHROFF ON THE QUERY.
Deep
(Querist) 15 January 2014
but i owe to builder rent not builder and we have court receival agreement between supreme court so still i will receive only 3 years rent or whole rent which is outstanding
