If you are stuck in such a situation, here is what to do.

Mr. Alok had been residing in a rented apartment in the city of Rajnagar for nearly three years. His tenancy was based on a verbal understanding with his landlord, Mr. Verma. Every month, Mr. Alok would pay the rent, and Mr. Verma would issue a formal rent receipt for the transaction. This arrangement continued smoothly for years. A few months ago, Mr. Verma sent a message on a messaging app stating his intention to increase the monthly rent by ₹2,000. However, in the subsequent months, he continued to issue rent receipts for the original, lower amount, which Mr. Alok duly paid. Now, as Mr. Alok is preparing to vacate the property, the landlord is demanding the accumulated difference of ₹8,000 for the past four months. Mr. Verma claims that since he had informed Mr. Alok of the hike, it was payable, alleging a verbal agreement which Mr. Alok denies. Given the absence of a written agreement and the presence of receipts showing full payment of the old rent, the landlord’s claim is legally weak.

Advice in such cases

Navigating disputes with a landlord can be stressful, especially when financial claims are involved. Here is some practical advice:

• Stay Calm and Communicate in Writing: Do not give in to verbal pressure. Respond to the landlord’s demand formally, preferably through an email or a registered letter, stating your position clearly. Mention that the rent receipts issued by him are for the full and final settlement of rent for those months.
• Preserve All Evidence: Gather all your rent receipts, bank statements showing rent payment, and a screenshot of the messaging app conversation where the rent hike was proposed. These documents are your primary evidence.
• Do Not Withhold Keys: Ensure you hand over the possession of the flat peacefully on the agreed-upon date to avoid any accusations of illegal occupation. Make a video of the flat’s condition at the time of handing over possession.
• Security Deposit: Remind the landlord about the return of your security deposit. If he threatens to deduct the disputed amount from the deposit, inform him in writing that such a deduction would be illegal without your consent or a court order.

Applicable Sections of Law

Landlord-tenant disputes are primarily governed by civil law. The key legal provisions applicable here are:

• The Transfer of Property Act, 1882: Section 106 of the Act deals with the notice period required to terminate a lease. Section 107 specifies that a lease for a term exceeding one year can only be made by a registered instrument. For month-to-month tenancies, a verbal agreement accompanied by rent payment is recognized, but any changes to its terms, like a rent increase, must be mutually agreed upon.
• The Indian Contract Act, 1872: For a contract to be valid, there must be an offer, acceptance, and consideration. The landlord’s message about a rent hike was an offer. Since the tenant never explicitly accepted it, and the landlord continued to accept the old rent amount, a new contract for the higher rent was never formed. The rent receipts act as proof of the existing contract being fulfilled.
• State-Specific Rent Control Acts: Many states have their own Rent Control Acts (e.g., the fictional ‘Rajnagar Rent Control Act’) that regulate rent increases, eviction, and other tenancy terms. These acts often lay down specific procedures for increasing rent, which usually involve a formal written notice.

If you are the complainant

If you are the tenant in a situation like this, you are on the defensive. Here are the steps you should consider taking:

• Document Everything: Keep a record of all communication. Send a final written communication denying his claim and demanding your security deposit back.
• Do Not Pay: Do not pay the disputed amount under pressure. Doing so could be interpreted as an admission of liability.
• File a Complaint: If the landlord refuses to return your security deposit, you can file a civil suit for the recovery of your money.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a landlord who failed to formalize a rent increase, your position is difficult. To avoid such situations:

• Always Have a Written Agreement: A registered rent agreement is the most crucial document. It should clearly state the rent amount, security deposit, notice period, and the clause for periodic rent enhancement.
• Formalize Any Changes: Any amendment to the tenancy terms, especially a rent increase, should be done through a written addendum to the agreement, signed by both parties. A mere message is not sufficient.
• Issue Correct Receipts: If you increase the rent, ensure the receipts reflect the new, higher amount. Accepting the old rent and issuing receipts for it legally implies that you have waived your right to the increased amount for that period.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have a very limited role in such matters. A dispute over rent payment is a civil matter, not a criminal one. The police will not register an FIR for non-payment of disputed rent. They will advise both the landlord and the tenant to approach the appropriate civil court or Rent Controller to resolve their dispute. Police intervention is only warranted if there is a criminal offense, such as illegal eviction, theft, assault, or criminal intimidation (which would fall under the Bharatiya Nyaya Sanhita, BNS). In the absence of such elements, the police will direct the parties to seek a legal remedy through the courts.

FAQs people normally have

What evidence is required?

For a tenant, the most critical pieces of evidence are:

• All past rent receipts, especially for the disputed period, showing the old rent amount.
• Bank statements or online payment records confirming the amount of rent paid.
• The record of communication (e.g., messages, emails) where the rent hike was discussed but not formally agreed upon.
• A copy of the notice to vacate and any correspondence regarding the security deposit.

How long will the investigation take?

Since this is a civil dispute, there is no “investigation” in the criminal sense. If the matter goes to court (for instance, a suit for recovery of the security deposit by the tenant or a suit for recovery of arrears by the landlord), the duration of the legal proceedings can vary significantly. A straightforward case in a small claims court or before a Rent Controller might be resolved in a few months to a year. However, a contested suit in a regular civil court can take several years to reach a final decision, depending on the court’s caseload and the complexity of the legal arguments.

Advocate Sudhir Rao, Supreme Court of India