Delhi, India · property

How to Deposit Rent Under Section 27 Delhi Rent Control Act in Delhi

When a landlord in Delhi refuses to accept rent or give a receipt, they are often setting a trap to allege non-payment and seek eviction. Depositing rent before the Rent Controller under Section 27 of the Delhi Rent Control Act, 1958 neutralizes this tactic and preserves your tenancy rights. Acting within the strict statutory timeline ensures you remain protected under the law.

Understanding Section 27 of the Delhi Rent Control Act

In Delhi, landlords who want to evict rent-controlled tenants often refuse to accept monthly rent or deliberately refuse to issue a signed statutory receipt required under Section 26 of the Delhi Rent Control Act, 1958 (DRC Act). Their objective is typically to fabricate a cause of action for eviction on grounds of non-payment of rent under Section 14(1)(a).

Section 27 of the DRC Act provides a statutory shield against this maneuver. It allows a tenant to deposit rent directly with the competent Rent Controller or Additional Rent Controller (ARC) when the landlord refuses to accept tender of rent, refuses to provide a receipt, or when there is genuine doubt as to who is legally entitled to receive the rent. Once deposited in accordance with Section 27, the deposit is legally deemed to be payment to the landlord, eliminating any allegation of default.

Statutory Deadlines and Procedural Requirements

Timing is critical under Section 27. The application must be filed within 21 days from the date on which rent became due under Section 26 (typically the 15th of the following month) or within 21 days from the landlord's refusal. Failing to adhere strictly to this limitation can leave you exposed to an eviction petition for default.

The petition must be submitted in the form prescribed under the Delhi Rent Control Rules, 1959. It must specify the details of the tenanted premises, the rent rate, the period for which rent is deposited, the exact reasons for deposit (such as refusal or dispute over ownership), and the landlord's contact details. The application must be supported by a sworn affidavit, process fees, and sufficient copies of the petition along with postal envelopes for issuance of court notice to the landlord.

Court Deposit Mechanism and Legal Safeguards

Once the application is filed in the court of the jurisdictional Additional Rent Controller, the court authorizes the deposit through a judicial challan. The tenant deposits the funds into the designated treasury or State Bank of India account linked to the Rent Controller's office. The court then issues formal summons and notice to the landlord, giving them the option to withdraw the money without prejudice to rights or submit objections.

Securing this judicial deposit record protects your tenancy from unilateral termination or false arrears claims. You can use Caunsel to research relevant case law, organize your receipts and postal acknowledgments in a case file, or talk to an independent lawyer to review your draft petition before filing.

Steps

• Tender the rent via a verifiable mode such as a crossed cheque or Money Order with a written request for a receipt under Section 26, and retain proof of dispatch and refusal.
• Draft a Section 27 deposit petition addressed to the Additional Rent Controller having territorial jurisdiction over the property in Delhi.
• Attach an affidavit of verification, details of past payment history, and necessary copies along with registered process fees for service on the landlord.
• Obtain court challan permission from the Rent Controller, deposit the specified rent amount in the designated government account, and retain the stamped challan receipt.

Common mistakes

• Relying on oral tender of rent without documented postal or electronic proof showing that the landlord actually refused the payment.
• Missing the 21-day limitation period under Section 27, which gives the landlord room to issue a statutory demand notice under Section 14(1)(a).
• Paying rent in cash without securing a signed, contemporaneous receipt under Section 26 of the Delhi Rent Control Act.
• Attempting to invoke Section 27 for tenancies where the monthly rent exceeds Rs. 3,500, which are exempt from the DRC Act under Section 3(c) and governed instead by general tenancy law.

Questions people ask

Does Section 27 apply if my rent is more than Rs. 3,500 per month?

No. Under Section 3(c) of the Delhi Rent Control Act, 1958, premises fetching a monthly rent exceeding Rs. 3,500 are exempt from the Act. Such tenancies are governed by the Transfer of Property Act, 1882, where rent refusal requires different contractual remedies.

What happens after the rent is deposited under Section 27?

The Rent Controller issues a notice to the landlord. The landlord can appear and withdraw the deposited money, or contest the validity of the deposit. In either case, your act of depositing rent creates a judicial record that prevents you from being classified as a defaulter.

Can I deposit rent if there is a dispute between two legal heirs of the deceased landlord?

Yes. Section 27(1) explicitly permits deposit of rent where there is bona fide doubt as to the person or persons entitled to receive the rent. The court will hold the money until entitlement is determined.

General information only, last updated 2026-10-17. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Delhi, India.