• Landlord refuses to give rent receipts/quote PAN card

I am a salaried person and it's been 2 years i have been residing in a flat with shared occupancy and the landlord refuses to issue rent receipts for declaring investment proofs and availing tax rebate. The last year my company did not ask for rent receipt and the rent agreement worked. However, this year company requires the same. Upon requesting landlord to issue rent receipt, he refuses to give it and is coming up with various excuses to not. 
At first he said he cannot issue one on my name alone since agreement is on the name of all 3 occupants. Then he asked for the sample when i told him that the Finance team in my co. sees no problem in receiving it on the name of all 3 occupants. He wanted his lawyer to vett the format of the rent receipt. He agreed to the sample but within hours flip-flopped and refused to sign it stating that his wife (in whose name the flat is) doesn't have a PAN card and doesn't declare taxes. When i questioned on this aspect, he quickly added that the house is co-owned between his wife and son (who is residing in Australia). But the rent agreement doesn't bear the name of his son. Per him that is the case coz signing the agreement will be tedious. Besides that the annual rent is greater than 1 lakh and he doesn't want me to quote anyone's PAN card from his family.
He has asked me to vacate the house in next 2 months (as lease is ending) on which i challenged him that since am not defaulting on timely payment nor damaging his house, only coz he can't furnish rent receipts he can't ask me to vacate.
Every now and then he says he is a law abiding citizen and he has full rights to ask me to vacate basis the agreement, but non furnishing rent-receipts/PAN card doesn't seem illegal to him. If i tell him about laws, he gets aggressive and states that law says a lot of things.
I am stuck in a catch 22 situation where i won't be able to get my tax rebate and eviction at the same time.
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

1. Well, if you refuse to vacate the property then you can very well ignore the demand if landlord in which eventuality he will have to file suit for eviction.

2. Since as such suit takes long time to finish you can very well continue with the possession of tenanted property.

3. Once suit for eviction is filed in court your employer may acknowledge the tenancy even without rent receipt.

4. If you send rent by cheque then also the requirement of rent receipt can be dispensed with.

5. Else change the premises at your convenience.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If the landlord is refusing to give the rent receipt then you should start paying your rent by cheque / demand draft / electronic form for which your bank statements will reflect proof towards valid payment of rent to the Landlord.

You can also issue a written notice to the Landlord asking him for the receipt of the rent already paid, failing which you can approach the competent court of law seeking directions for issuance of rent receipt.

W.r.t the second query, if the PAN Card details are not provided by the Landlord, then you should also issue a written notice to the Landlord asking him for their PAN - failing which HRA exemptions cannot be allowed by you

Now you should have the proof of deposits of rent you can claim exemption without recipts.also but in case it department gives you notice you have to.explain them with agreement and rent deposited.

Not giving rent recipt is criminal.offence under most of rent control acts kindly refer your local law.

For eviction the landlord has to give proper notice stating reason which can be contests if illegal.wrong

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) Actually your problem is not so big, if your owner was not providing rent receipts to you never mind.

2) If you have made rent agreement and it mentioned how much deposit and monthly rent you are going to pay. Are you paying online or cheque or cash monthly rent.

3) There is another way to get rebate of income tax for same rent receipts submitting, for that please call via consultation call.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

He has to issue you rent receipts but you need to vacate the house if the agreement expires.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See, it is there fault that they do not want to show their income.

Even if they are denying to issue rent receipts, doesn’t give you right to not to vacate as the rent is above 3500 per month they can very well ask you to leave after giving 15 days notice as per TPA Act, section 106.

You can’t say no to vacate just for a reason that they are not giving rent receipts.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Your best option is to shift to alternative accommodation wherein landlord gives you rent receipt for rentals

2) it appears landlord is more interested in evading taxes and not declaring his true income

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hello,

Do not vacate the house.

Let him file an eviction suit to throw you out of the property.

If he taking rent then it his duty to provide rent receipt and PAN. If he files a suit then being these points before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the landlord refuses to issue the rental receipt you may either issue a legal notice to him or can approach the rent control court based on the lease agreement but for that the agreement should have been a registered deed.

On expiration of the lease agreement the landlord is entitled to evict you if the lease agreement do not contain any obligation towards renewal.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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