Response

The provisions of rent that has to be paid is governed by the Rent Control Act,1948. Non payment of rent is one of the grounds of eviction. However sometimes the landlord willfully doesn’t accept rent because he wants to evict the person . If the landlord is not accepting rent in any form then you can send the rent to the landlord through money order. If again he is not accepting then you can make online transfer of money to his bank account.

If this is also not possible then apply before the Rent Controller whereby you will be allowed to deposit rent therein as long as you want. This rent payment has to be done in favour of the landlord in case he is not accepting the payment directly from you. The Supreme Court has ruled that if a landlord refuses to accept the rent, the tenant has to mandatorily deposit it with the Rent Controller (court) as otherwise the latter would be liable for eviction.

To deposit the rent in the court, you will have to file an application before the Rent Controller seeking permission to deposit the rent in view of the refusal by your landlord to accept the same. The court after listening to your facts and after seeing the circumstances will decide the same. The court can also levy fine on the landlord if his reason of non acceptance of the amount is unjustified.

Reference: Rent Control Act,1948 and Civil Procedure Code,1908

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LAWAYZ-2023-758