Landlord asking for commercail rent and not giving rent receipt
5 years ago
I am a 40 yrs old person living with my mother 70 yrs age in our ancestral flat whose rent receipt is in the name of my grand father, i run a tution classes in the said flat with a board outside the building, our landlord didnt took rent from tenants since 2003 as he had legal dispute going on with his brother who also had a share in landlordship, eventually his brother sold his share to two of his friends in 2014 and these new stake holders won the case in 2015. As per the legal decision old landlord is entitled to take rent from july 2003 to sept 2015 and after that all the landlords will mutually take rent, after losing the case the old landlord has a share of 54 percent in landlordship and the other two who won the case have a combined share of 46 percent, my problem is that the old landlord has taken 65000 rs from me of which 50000 are paid through bank check and only 15000 are left to be paid to fulfill the rent payment till sept 2015 but he is demanding commercial rent which goes upto 2-3 lakhs, and not giving me rent receipt saying he has paid tax on commercial basis to the municipal authorities which is a lie as i have the annexure which clearly mentions taxes paid on residential basis, he is avoiding paying rent receipts under this pretext, he wants to harass me. I want to know can he file for eviction in future citing non payment of rent and bonafide requirement or wether this decision can be taken by all the landlords and not he alone although he has 54 percent share in landlordship, pls inform. ( note : other landlords the ones with 46 percent share in landlordship have no problem with me they are genuine people)
Get in touch with a Real Estate Lawyer of your town/city/ who is well versed in local laws/State laws can guide you better.
Shanti Ranjan Behera
Advocate
Legally if there is no order from the court the land lord entitled for arrears of last three years rent only. He cannot ask the rent at the enhanced rate that is commercial rate as he wish. You take more suggestions in person or through email.
For full procedure contact me on mobile through Vidhikarya.
Anand Shukla Legal Practitioner,Legal Consultant & Advisor
Responded 5 years ago
If he is bringing upon a suit for eviction and recovery of arrears of rent, you can ask for deposition of rent in the court via proper recording of statement and thia would suffice your purpose.