Home | Legal Advice | Civil Law Cases | Can landlord take advance rent in Uttar Pradesh?

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 24×7 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.
Question in: Civil Law Cases
advocate shivendra

Shivendra Singh


High Court Lucknow

Reading Time:

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.

Recent Advise

I constructed my house on the written permission of NHAI : How to protect its demolition?

As per Karnataka state government laws building to be constructed 40 metre away from the centre line of national highway’s road. When we approached the NHAI, engineer provided conditional approval about building construction. He took written statements saying that the owner will not receive compensation for demolition of his building if the NHAI would demolish his building during road widening. We started building construction after getting approval from NHAI. Now the Karnataka high court bench has upheld the government’s law about 40 metre. The court has directed the authority to take action. Could you please guide how we can proceed now.

An agreement to sale holder has dispossessed me forcefully

I bought the immovable property through a registered sale deed. Before purchasing the immovable property the seller made an unregistered sale agreement with another one and gave him the possession of the property. But later on the person who made a sale agreement did not act as per sale agreement. So the original owner of the property sent him a notice for cancellation of the sale agreement. After that I purchased the said property through the registered sale deed and I took possession of the said property. Now that unregistered sale agreement holder files a suit under specific performance and forcefully took the possession of said property. Now matter is pending in court so my question is whether I can lodge the FIR against the unregistered sale agreement person for trespass offence?

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.