Tenant willing to pay rent in cash only

Community Forums Legal Advice India Tenant willing to pay rent in cash only

Viewing 13 reply threads
  • Author
    Posts
    • #28385 Reply
      Divyaseeker610
      Participant
        D
        Divyaseeker610
        PARTICIPANT
        March 24, 2025 at 12:33 pm
        I am renting out my villa in a posh society. My potential tenant who I’m in talks with, has been living in the same society for past 5 years and owns a well know buisness in the city.

        We have argeed on a rent of 65k + maintenance but he wants to pay that amount in cash every month.

        I wanted to know if this is legal or not and what are the risks involved. Please also mention I need to mention any specific clause in the leave and license agreement of 11 months.

      • #28398 Reply
        Fierceanirudh9723
        Participant
          F
          Fierceanirudh9723
          PARTICIPANT
          March 24, 2025 at 12:37 pm
          It is not legal to receive 65K/mo rent in cash. The risk involved include getting penalised by Income tax department for accepting cash payments to loosing your house to someone who squats and decides not to leave. If the tenant can be brazen about breaking the income tax laws, you can bet, they can be brazen about squatting on the property and not handing it back to you. They aren’t bothered about law and order. Avoid dealing with such people.

        • #28397 Reply
          Megaprashant4593
          Participant
            M
            Megaprashant4593
            PARTICIPANT
            March 24, 2025 at 12:44 pm
            Try to avoid this tenant – you are likely to have problems down the line.

          • #28396 Reply
            Shivanshstar626
            Participant
              S
              Shivanshstar626
              PARTICIPANT
              March 24, 2025 at 12:55 pm
              1) He won’t agree to you mentioning this on the agreement.

              2) you also have to deduct tds do in cash that won’t be possible. Which attracts income tax authorities.

              3) you can’t deposit this in bank without a pan card which again means informing the income tax authorities that you are generating cash.

              4) it is straight up illegal to take such amounts to cash.

            • #28395 Reply
              Braveowl8571
              Participant
                B
                Braveowl8571
                PARTICIPANT
                March 24, 2025 at 1:27 pm
                NAL

                There are two issues associated here.
                1. Please do due diligence of renting out your property without any documentation of money trail. Please consult with a lawyer if needed to ensure tenant do not end up using this arrangement to their advantage. Talk to previous owner about their conduct.

                2. Managing the cash payment. I believe to some part you would be able to consume the cash for self use and maintenance payment.. however u need to have someone willing to take cash payment from you. Say – you buy a property which is willing to accept cash or something similar… Talk to a CA …

                But like it was mentioned..this approach has associated risk and IT dept can come after you at a future date.. so weigh in the risks and take your call.

              • #28394 Reply
                Braveseeker242
                Participant
                  B
                  Braveseeker242
                  PARTICIPANT
                  March 24, 2025 at 2:45 pm
                  No harm to you. He is not paying taxes to gov.

                  Since rent is above 50k, he needs to deduct TDS and pay some amount to gov which you have to claim from gov in ITR.

                  Tell him you will show rent 35-40k instead of 65k on agreement.

                  • #28400 Reply
                    Megaguru6645
                    Participant
                      M
                      Megaguru6645
                      PARTICIPANT
                      March 24, 2025 at 7:02 pm
                      What if later refuses to pay the cash component..What legal rights he will have

                      • #28402 Reply
                        Braveseeker242
                        Participant
                          B
                          Braveseeker242
                          PARTICIPANT
                          March 24, 2025 at 7:06 pm
                          possible. Good catch.

                        • #28401 Reply
                          Archanahawk93
                          Participant
                            A
                            Archanahawk93
                            PARTICIPANT
                            March 24, 2025 at 8:02 pm
                            There are no legal rights. It looks like they want to do it behind gov back.

                      • #28393 Reply
                        Lavanyabro181
                        Participant
                          L
                          Lavanyabro181
                          PARTICIPANT
                          March 24, 2025 at 3:29 pm
                          Sounds like a Marwari πŸ˜€

                        • #28392 Reply
                          Braveninja1446
                          Participant
                            B
                            Braveninja1446
                            PARTICIPANT
                            March 24, 2025 at 3:58 pm
                            Please drop a email to IT dept with all the details

                          • #28391 Reply
                            Happystar6849
                            Participant
                              H
                              Happystar6849
                              PARTICIPANT
                              March 24, 2025 at 4:16 pm
                              Make rent agreement of 35-40k .

                              Take rest in cash…

                              Else look for another tenant.

                              Also get police verification done.

                              • #28399 Reply
                                Alphasmriti6948
                                Participant
                                  A
                                  Alphasmriti6948
                                  PARTICIPANT
                                  March 25, 2025 at 3:38 am
                                  lol worst advice ever, what if he denies paying 65k later

                              • #28390 Reply
                                Alphaeagle2395
                                Participant
                                  A
                                  Alphaeagle2395
                                  PARTICIPANT
                                  March 24, 2025 at 5:13 pm
                                  It is illegal. Simple, do not rent to him unless you want to collect and keep black money

                                • #28389 Reply
                                  Fiercevidyut6307
                                  Participant
                                    F
                                    Fiercevidyut6307
                                    PARTICIPANT
                                    March 24, 2025 at 6:49 pm
                                    Seems like a tax evader is coming to your house.

                                    What if he never leaves…

                                  • #28388 Reply
                                    Luckyowl7976
                                    Participant
                                      L
                                      Luckyowl7976
                                      PARTICIPANT
                                      March 24, 2025 at 7:12 pm
                                      Win-win for both tenant and owner!

                                      Only person who frowns on this is Nimmo Tai!!

                                      P.S.: Mujhe kyon nahi milte aise tenants!! 😭😭

                                    • #28387 Reply
                                      Archanahawk93
                                      Participant
                                        A
                                        Archanahawk93
                                        PARTICIPANT
                                        March 24, 2025 at 7:59 pm
                                        It is very risky because there would be no contract between you two if just cash involved.

                                      • #28386 Reply
                                        Deepikahawk579
                                        Participant
                                          D
                                          Deepikahawk579
                                          PARTICIPANT
                                          March 25, 2025 at 3:48 am
                                          CA here

                                          65k pm is not a lot tbh use some component from this rental income & your regular income for your household expenses & deposit the rest in your & your family members accounts – 1000x better if you have a current account for your business. Since there won’t be a registered agreement – get some signed cheques from the tenant and or security deposit which covers atleast 3 months rent – ensure deposit is in cash.

                                      Viewing 13 reply threads
                                      Reply To: Reply #28390 in Tenant willing to pay rent in cash only
                                      Your information:




                                      Cancel