Community › Forums › Legal Advice India › Tenant willing to pay rent in cash only
- This topic has 17 replies, 16 voices, and was last updated 1 year, 3 months ago by
Braveseeker242.
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DDivyaseeker610
PARTICIPANT
March 24, 2025 at 12:33 pmI 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.
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FFierceanirudh9723
PARTICIPANT
March 24, 2025 at 12:37 pmIt 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 arenβt bothered about law and order. Avoid dealing with such people. -
MMegaprashant4593
PARTICIPANT
March 24, 2025 at 12:44 pmTry to avoid this tenant – you are likely to have problems down the line. -
SShivanshstar626
PARTICIPANT
March 24, 2025 at 12:55 pm1) 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.
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BBraveowl8571
PARTICIPANT
March 24, 2025 at 1:27 pmNALThere 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.
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BBraveseeker242
PARTICIPANT
March 24, 2025 at 2:45 pmNo 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.
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MMegaguru6645
PARTICIPANT
March 24, 2025 at 7:02 pmWhat if later refuses to pay the cash component..What legal rights he will have-
BBraveseeker242
PARTICIPANT
March 24, 2025 at 7:06 pmpossible. Good catch. -
AArchanahawk93
PARTICIPANT
March 24, 2025 at 8:02 pmThere are no legal rights. It looks like they want to do it behind gov back.
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LLavanyabro181
PARTICIPANT
March 24, 2025 at 3:29 pmSounds like a Marwari π -
BBraveninja1446
PARTICIPANT
March 24, 2025 at 3:58 pmPlease drop a email to IT dept with all the details -
HHappystar6849
PARTICIPANT
March 24, 2025 at 4:16 pmMake rent agreement of 35-40k .Take rest in cash…
Else look for another tenant.
Also get police verification done.
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AAlphasmriti6948
PARTICIPANT
March 25, 2025 at 3:38 amlol worst advice ever, what if he denies paying 65k later
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AAlphaeagle2395
PARTICIPANT
March 24, 2025 at 5:13 pmIt is illegal. Simple, do not rent to him unless you want to collect and keep black money -
FFiercevidyut6307
PARTICIPANT
March 24, 2025 at 6:49 pmSeems like a tax evader is coming to your house.What if he never leaves…
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LLuckyowl7976
PARTICIPANT
March 24, 2025 at 7:12 pmWin-win for both tenant and owner!Only person who frowns on this is Nimmo Tai!!
P.S.: Mujhe kyon nahi milte aise tenants!! ππ
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AArchanahawk93
PARTICIPANT
March 24, 2025 at 7:59 pmIt is very risky because there would be no contract between you two if just cash involved. -
DDeepikahawk579
PARTICIPANT
March 25, 2025 at 3:48 amCA here65k 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 wonβt 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.
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