Legal Question in Landlord & Tenant Law in India

I am a tenant since 10monthswith a landlord who is in the states of America paying a monthly rent of Rs.25000.00 and had deposited as advance Rs.2,00,000.00 in cash to his representative, who happen to be his father in law with an eleven month agreement in the name of the landlord but represented by his father in law. I am a mother of three school going children working in a private firm. I am regular in filling my income tax . I pay rent by cash and take receipt from the landlord representative signed by landlord representative. Now when i gave my file to the auditor for filling my returns in the month of July 2012, he had asked me to get a certificate from the landlord who is in america through his representative for disclosing the rental expense. I requested the same to his representative who promised that he will do so. But till date he had not done. When he came to my house to collect the rent for september 12, i refused to pay the rent by cash and told him that i will pay only by cheque and after deducting the TDS, which he started abusing me in front of my children and he made a ruckus and threatened me that i should vacate with in this month otherwise he threatened me with dire consequences. Please advice me if I can move the court of law or to file a complaint with the commissioner of police to ensure that i get my certificate and stay here as my children school are nearby and even my place of work nearby. If i move the court i will get judgment in my favour? Please advice

Asked on 10/04/12, 2:33 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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what the landlord is doing, is absolutely against the law. he is not only supposed to furnish rent receipts but even TDS needs to be deducted. you can file a police complaint against the ruckus that was created and then approach the court and file a civil suit whereby restrain your landlord from evicting you except by due process of law. you can also file a complaint against the landlord in the income tax department for evading tax. you may visit my website www.karvai.in for further guidance in this matter.

Answered on 10/04/12, 2:57 am

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