How to give rent when landlord refuses to take it under delhi rent control act

Overview: Many times landlords after letting out their premises to tenants for reasons known to them stop accepting the rent so as to make out a case of non payment of rent by the tenant and thereafter evict him out of the rented premise. Despite many pleadings with the landlords, the tenants are unable to pay their rent for the month and are unable to get their rent receipts.

Purpose: The purpose of this article is to provide an overview to tenants about the remedy that is available to him in a case when his landlord refuses to accept the rent. The article applies to places and areas that are covered under the Delhi rent control act or whose monthly rent is below Rs. 3500.

Areas of Application of Law: Delhi Rent Control Act 1958

Process:

The first step is to understand the reason for the refusal of the landlord when he does not accept the rent. Does he want the payment by cash/cheque etc and is simply not accepting the rent  in a particular manner. In case it is an isolated incident, the tenant must try and talk to his landlord and sort out the issues between them. It is always advisable to keep a record of any correspondence/communication which the tenant has with the landlord. If the tenant apprehends any legal action from the landlord or apprehends that he may be evicted soon then he must not waste his time. The tenant needs to contact a lawyer and visit her urgently without any delay. The behavior of the landlord has to be explained to the lawyer and she has to be told about the monthly Rent details. In case the tenant is aware of any particular reason for non acceptance of rent then that reason has also to be told to the lawyer. It is irrelevant that the rent is due for a residential or for a commercial area/ premise.

 

Thereafter, as per the advice of the lawyer, all relevant documents have to be gathered so as to make a full and complete disclosure to the court. This is important as the bonafide attempt of deposit must be shown. Remember this is a preemptive action of the tenant to avoid any future action of eviction on part of the landlord.  

 

After getting the relevant information, the lawyers will accordingly advice the tenant and draft his case for depositing the monthly rent to the court. The case of the tenant will be filed in accordance with the relevant provisions of the Delhi rent control act, 1958. All documents will be filed along with it.

 

The case is to be filed in the court of the rent controller in the respective civil court having the jurisdiction over the area in which the premise is situated.

 

Once the case is filed, the ld. Judge will issue a notice to the landlord. Subsequently, the landlord would appear and would be given a chance to plead his case.


The monthly rent shall be deposited in the court by the tenant.

 

Documents required to be submitted in the court if any: Rent receipts, agreement, any other document as advised by your lawyer.

Punishment/Expected Relief: deposit of rent.

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