• Landlord asking for full rent when we dont have jobs due to Covid19

So the case is, we live in a 3BHK apartment and we are 3 friends. Now due to pandemic we left for our native place one day before lockdown leaving our stuff behind. While we were at our homes, we have been paying rent. Now in April two of us lost their jobs and I conveyed this msg to the landlord. But he didnt want to negotiate, so we paid the rent again somehow. Next came May, so we told him that we arent even living in the house and wont be able to pay the entire rent for May. Hence we paid 4 thousand less. Now we dont have enough disposable money to pay him for the leftover rent and electricity. We evacuated the house and now he is threatening us that he will file an FIR. As we werent able to pay the leftover 8K before leaving.
What can we do?
Note-Our rent agreement expired on 29th Feb.
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Hi,no FIR can be registered as it is not a criminal offence but a civil dispute..All he can do is file a civil suit for recovery suit ,which will not be feasible for a minimal amount of 8K ..Nothing to worry ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

- As per direction of government , landlord cannot force tenant to pay the rent during the lockdown . 

- Many states Superintendent of police has issued direction for the same. 

- Hence, if the landlord is threatening you , then you can lodge a complaint against him for threatening to implicate in false cases. 

- However no offence made out and no FIR can be lodged , because it is purely a civil dispute , and for recovery of only 8000 rupees the landlord will not approach court , as lawyer will charge much more from him. 

- Handover the key to the landlord after taking your items lying there . 

- Further , since the rent agreement has already expired , hence a civil case also not made out. 

- Dont worry for the same , and look forward to get a suitable job. 

- Even if the landlord threatening , then lodge a complaint / information before the police after narrating that due to lockdown you have lost your job , and having no fund for even your livelihood , and thereby mention that the landlord is threatening. 

 

Good luck and dont forget to rating Positively..

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Sir

You have been regular in paying the rent and that shows your bona fide, the state governments  have passed various resolutions regarding safeguarding the interest of tenants, so therefore the police will not even register any FIR, moreover he will have to file a civil suit for recovery which he will not,  as it will be expensive for him to send you a guys a legal notice.

You need not worry.  

 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

He donot really have any reason to get a FIR filed.

FIRs are not so easy to get filed so don't worry about that.

You can serve him with a legal notice stating that you will be paying this much rent only due to Covid-19. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Since you have lost your job you were unable to pay rentals 

 

2) landlord is not going to file suit to recover Rs 8 k as legal fees would be more than money sought to be recovered 

 

3) no case of cheating  is made out 

4) let him file FIR if he so desires 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

As the rent agreement expired on 29th Feb you need not to worry about this. If he tries to harass you take help of a local advocate.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Hello, 

  1. No FIR lies for a balance it 8000 to be paid. Just agree to pay and say that it is contingent on your securing jobs. 
  2. As such, the agreement expired in February and you have paid when there was no agreement in force. He cannot legally enforce anything. You can tell him you overpaid and no balance is overdue. 

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

The case relates to non payment of part of rent, which is a civil dispute. He can only file a suit for recovery against you and your friends(co- tenants)

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

You are only liable to pay for the period you stayed with him. Not even a single day more or contrary to the agreement. He can't file any FIR against you. 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

You vacate the house and intimate the landlord about it by a communication in writing and send the same by registered post to the landlord. 

However till such time you are delivering the vacant possession of the rented premise you are liable to pay the rent and other charges. 

No doubt the police will not entertain any such complaint for recovery of arrears of rent  the landlord has to approach civil court for recovery which will take time for disposal. 

He may not spend towards lawyer and court fee which may be double or more than that of the arrears of rental amount due to him. 

You can request for waiver owing to the current crisis,  but it is his discretion to accept your request. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

1. Since lockdown is a Force Majeure time is not of essence in the performance of contractual obligations. You can delay the payment of rent till after withdrawal of lockdown and restoration of normalcy in every sphere of life.

2. Delhi High Court has also in a recent case allowed the tenant to delay the payment of rent.

3. No FIR is maintainable against tenant by landlord for default in rent. The only remedy in the hands of landlord is to file an eviction petition against tenant. Presently, due to lockdown courts across the country are hearing only urgent cases, whereas such landlord-tenant disputes do not fall in the category of urgent cases.

4. Pay the balance rent after lockdown. Even though your rent agreement expired on 29th Feb but you have the constructive possession of premises as you have not removed your belongings.

Ashish Davessar
Advocate, Jaipur
30773 Answers
972 Consultations

1. See he cannot file FIR for the remaining amount though he can file suit to recover the amount. 

2. You may talk to the land lord and settle with him you may pay some amount towards full and final settlement.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

It is civil matter. No FIR can be lodged. 

You can negotiate to some extent.

You can defend in court. Covid-19 shall have some  favorable consideration for  by court .

Being civil matters you need not to worry so much. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. As per a recent SC judgment, Tenant's are entitled to defer /delay in payment of Lease Rent. However Tenants are not entitled to waive off rent.

2. IF you have already vacated the Tenanted House and IF the residual rent amount is 8K, THEN it is highly unlikely that Tenant will take any legal action, more so specifically when Rent agreement expired on 29th Feb.

3. You can also negotiate and inform him that you will pay the outstanding dues after you have got jobs.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need not  worry.

Going  by the present position due to pandemic and lock down and lose of job by you people, you were not able to pay balance rent which is intimated to LL.

As a prudent person, no one will file FIR for recovery of mere 8K, he is just threatening  you people, even otherwise, police will not register case.

No case will be  made out by your LL.

Just convey him your  inability and leave it to him more particularly in the light of expiry of  your rent agreement. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

 police cannot interfere in any civil dispute. 

landlord can only file recover suit, which is not possible. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

No FIR in such cases. Tenancy is expired. You now can recover your belongings and extra amount paid.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

1. Landlord cannot Lodhe FiR for pending rent.

2. He can only send notice for recovery of rent and other dues and file case for recovery of rent but it will cost him more than rent to be recovered. 

3. Send him a notice for vacating the flat and look for another flat try to take out your stuff before sending him notice for vacation of flat. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

This is a civil case.   There is no provision to file FIR for payment of rent dues.  In case you receive any call from landlord or in case you have any email, send reply to them that even the agreement expired on 29.02.2020, we did not live in the house due to lock down and paid the rent for the month of March, April and party for May 2020 though we left our job due to lockdown and we are not able to make the payment.   Let him take recovery, if any, after taking due process of law.  Be defensive in case he takes any action.   Verbal call or message or threatening would not suffice the purpose.   Be quiet.  It is not a criminal offence.  No FIR can be lodge on this ground alone.    You have a good case and in case, he takes any action, defend accordingly with the help of local lawyer.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

If you cannot pay don't pay. He cannot do anything. In this situation nobody is going to lodge an fir for 4-5 k. Let him say but he wouldn't do anything.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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