Legal Advice

Can landlord take advance rent in Uttar Pradesh?

Question: 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.

Shivendra Pratap Singh


High Court Lucknow