Can the landlord evict us despite proof of rent payment?

I have been paying rent for the past 24 years through the Rent Control Act in West Bengal. Now, the landlord has sent an eviction notice stating that they have not received the rent in hand and wants us to vacate within 15 days. Can the landlord evict us if we have sufficient proof of the rent being paid for the last 24 years through Rent Control?

3 Answers
Only verified advocates can give an answer Sign In
Ayantika Mondal
Advocate Ayantika Mondal Answered: 03 Feb 2025

According to section 13(i) of the West Bengal Premises Tenancy Act, the owner may request eviction if the tenant defaults on rent for two months in a 12-month period or for a consecutive month if rent is not due on a monthly basis. However, in your case, the landlord has questions about the payment that you credited but the owner has not received, so you can proceed by answering the eviction notice and attaching the payment history.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 03 Feb 2025

No, the landlord cannot evict you if you have sufficient proof of the rent being paid for the last 24 years.Under the Rent Control Act, tenants are protected from unfair evictions. You should respond to the eviction notice through a legal reply and provide proof of your payment history and all the receipts that can provide evidence of your rent payment.

Admin
Advocate By LEAD INDIA Answered: 01 Feb 2025


Sir, if you have proof of rent payments over the past 24 years under the Rent Control Act, you are likely protected from eviction. You should gather all evidence such as receipts or bank statements to prove payments. Respond to the eviction notice with a legal reply, and consider filing a suit to prevent eviction. Consulting a lawyer specializing in Rent Control law will help ensure your rights are protected and guide you through the process. For further legal assistance contact us on our helpline number.
 

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now