Can landlord take advance rent in Uttar Pradesh?

My  Landlord is not providing promised facilities after taking advance rent. Can landlord take advance rent in Uttar Pradesh? The house owner promised me 24x7 running water facility before I signed the rental agreement for 1 BHK house. Advance rupees forty thousand has been paid. Monthly Rent rupees eight thousand and rupees five hundred for water. I have requested him many times to please provide the basic amenities. But he refused and told me that you have to live in this condition only.  This house is not inhabitable and there is water scarcity. I want to leave this house and…

by Shivendra Pratap Singh | Jul 17, 2021 | Civil Matters

My  Landlord is not providing promised facilities after taking advance rent. Can landlord take advance rent in Uttar Pradesh? The house owner promised me 24x7 running water facility before I signed the rental agreement for 1 BHK house. Advance rupees forty thousand has been paid. Monthly Rent rupees eight thousand and rupees five hundred for water. I have requested him many times to please provide the basic amenities. But he refused and told me that you have to live in this condition only. 

This house is not inhabitable and there is water scarcity. I want to leave this house and see another flat for rent. Therefore, I request my landlord to return my advance amount because I want to change this flat. He wants to keep me there forcefully and take rent on the first date of each month. I am suffering huge mental agony and pressure from the landlord. Sir please guide me what I should do to get rid of these things.

You should file a complaint before the rent controller for taking an excess amount as advance. The landlord can not take an advance rent for admitting a tenant. Section 4 of The Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 prohibits the landlord to take premium or advance. 

Taking premium or advance is an offence under section 31 of the Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972. The landlord will be punished with imprisonment of a term which may extend to six months. 

Lodge an FIR

You can also file a first information report against the landlord for the offence of cheating. The landlord has induced you on the false promise and has taken a huge amount as an advance. This amounts to cheating under Section 415 of the Indian Penal Code (IPC).

This house is not inhabitable so you should leave this house and take advance money from the landlord. File an FIR for the offence of cheating and a complaint before the Rent Controller for taking eight months rant as an advance.

Author's Profile

Tags:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

This legal guidance explains the remedies available when a bank fails to comply with a compromise order passed by the Lok Adalat despite receiving the settled amount. It discusses enforcement of the award, execution proceedings, contempt-related remedies, and the legal course available against arbitrary action of the bank.

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

This legal guidance explains the legal consequences and subsequent proceedings arising after an arbitration award or order in an arbitration matter. It discusses enforcement of the award, challenge proceedings under Section 34 of the Arbitration and Conciliation Act, execution remedies, limitation periods, and the jurisdiction of courts in post-award disputes.

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

This legal guidance explains the remedies available when a civil court dismisses a suit on the ground of lack of jurisdiction. It discusses return of plaint under the Civil Procedure Code, refiling before the competent court, limitation protection, and the legal consequences arising from adjudication by a court lacking jurisdiction.

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

This legal guidance explains whether admission obtained under the NRI quota can subsequently be altered, cancelled, or converted to another category. It discusses eligibility conditions, consequences of misrepresentation, university regulations, refund issues, and the legal remedies available against arbitrary cancellation or change of admission status.

Claim related to motor accident in consumer forum

Dec 2, 2024 |

This article discusses whether a claim arising out of a motor accident can be pursued before a Consumer Forum in addition to or instead of proceedings before the Motor Accident Claims Tribunal (MACT). It examines the maintainability of such claims under consumer protection law, the liability of insurance companies, and the distinction between deficiency in service and statutory compensation under the Motor Vehicles Act.