Landlord not accepting rent

Hello Mr. Kishore!

 

Are you talking about your kolkata flat which you owns? if it is so, then how the landlord came into picture since you said you own that flat? is it ownership or tenancy flat??? Kindly clear.

 

You may call upon the below given number for legal assistance. I have got office in Kolkata too.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Originally posted by : Advocate Rohit Dalmia
	Hello Mr. Kishore!   Are you talking about your kolkata flat which you owns? if it is so, then how the landlord came into picture since you said you own that flat? is it ownership or tenancy flat??? Kindly clear.   You may call upon the below given number for legal assistance. I have got office in Kolkata too.   Regards Adv. Rohit M. Dalmia 9324538481 Mumbai

Sir,

  In kolkata there is SALAMI system. Where I have to pay Lumpsum amount upfront and later have to pay small amount as rent. So basically I am tennant.

 

You first file suit in concern civil court for not to dispossess you from said premise and in said suit you can deposit rent amount in court. 

You can also claim ownership by paying some amount to landlord.

Originally posted by : Adv. Sagar R. Jadhav
	You first file suit in concern civil court for not to dispossess you from said premise and in said suit you can deposit rent amount in court.  You can also claim ownership by paying some amount to landlord.

I have tried to pay extra amount to landlord and claim full owenrship. But the landlord dont have full rights to do so and he also refused to show any interest to transfer any ownership. My only option is now Rent Control. But I dont know the rules and procedures for the same.

What ever discussion is going above I don't like it as a social activist. We cant give advise for any illegal acts or exploitation. We will keep neutral to both tenants and landlords. Both interest have to be balance if we have to keep houses supply good in market. You are tenant so why you are trying to buy it . Has Landlord indicated any thing like that? Then you may negotiate. Tenancy is always subject to conditions on tenant in your West Bengal rent control act. read it. If you don't live or use it you don't need it and you have to vacate. If you are using for purpose given by landlord you need not bother so long as you pay in time and are paying fair rent. Is there any written lease or rent agreement . what are terms,? or is it just a normal rented property? If you are under a written stamped agreement for a fixed time period you must honor it. Most problem rise because of low rents. So negotiate a revised rent as per market rates less 20%. If that does notwork you can deposit rent with rent controller. Has landlord given any receipt in recent past to you? Send cheque by registered post.

Originally posted by : Dr Rajendra K Gupta
	What ever discussion is going above I don't like it as a social activist. We cant give advise for any illegal acts or exploitation. We will keep neutral to both tenants and landlords. Both interest have to be balance if we have to keep houses supply good in market. You are tenant so why you are trying to buy it . Has Landlord indicated any thing like that? Then you may negotiate. Tenancy is always subject to conditions on tenant in your West Bengal rent control act. read it. If you don't live or use it you don't need it and you have to vacate. If you are using for purpose given by landlord you need not bother so long as you pay in time and are paying fair rent. Is there any written lease or rent agreement . what are terms,? or is it just a normal rented property? If you are under a written stamped agreement for a fixed time period you must honor it. Most problem rise because of low rents. So negotiate a revised rent as per market rates less 20%. If that does notwork you can deposit rent with rent controller. Has landlord given any receipt in recent past to you? Send cheque by registered post.

Rajendra Ji,

    My Landlord has not paid the buildng taxes for over a 8 years now. He is not in a good financial position. So I offered that if he wishes to sell me the flat I was ready to buy.

I am not yet ready to sell that flat as my job is not fixed. Tomorrow after 4 months I am kicked out of the job I will have to come back to my hometowm. Even if I am ready to sell the flat I will not sell it at the peanuts he is offering me. He is paying me 5-6 lakhs less than current market vaue. I am not currently able to come there to decide on selling the flat because of my wife pregnency problem. So he sould noto take undue advantage of the same.

Coming to the point of increasing the rent. There is no such clause mentioned in the contract. Then also we are okay to incease but he never spoke on the same. He is interested to get the lumpsum amount he will receive when we transfer the owenrship to other person. The written agreeemnt only states the amount of rent payable and the PAGDI amount paid. There is no definate period of property given on rent.

I have sent my mother all way to Kolkata to speak to him and settle the matter, but he just says either sell or come and stay in the flat. Else I will not accept the rent. This is an unjust behaviour. I have also shown him the doctor certificate where my wife is advised not to travel.

you are tenant so how can you sell? I cant understan your message.

Dont bother send a notice to him that he is not accepting rent  and you  now sending pending rent by chequee or draft. Let it come back . Keep in file.Let it continue for 6 months then he will come down on knees or go to court. That will be good for you. Then elave it to your counsel to handle .Just relax!

Originally posted by : Dr Rajendra K Gupta
	you are tenant so how can you sell? I cant understan your message. Dont bother send a notice to him that he is not accepting rent  and you  now sending pending rent by chequee or draft. Let it come back . Keep in file.Let it continue for 6 months then he will come down on knees or go to court. That will be good for you. Then elave it to your counsel to handle .Just relax!

Rajendra Ji,

    There is PADGI / SALAMI system in Kolkata whereby one have to pay Lumpsum amount upfront and then small amount as rent. Later I can transfer my owenrship to any other person who pays me the desired amount. The landlord will also get part as lumpsum for transfering owership and will get increased rent as agreed.

So what do you want?

Whether it is on goodwill or pugri system it will always remain rental property.In Pugri system your rpevious transferee or lanlord ha sno right to interfere. It is none of his business if hosue is vacant or occupied or vacant for major part of year. He is causing nuisance.If he does not collect rent you can deposit this in a bank account separately opened for this purpose and put money every month equal to rent installment. or you send it by cheque by post. What else you can do. Ignore his threats and pestering. If house remains empty continuously and locked for a couple of years than you can have problem. Your electricity meter should run. Manage such that you receive some postal mails.Even if it happens 3-4 times a year for few days it is enough.