Tenant agreement
Naveen
(Querist) 21 August 2014
This query is : Resolved
Dear Sir/Madam
I use to stay at Bangalore in a rental property and the same of covered under proper agreement for 12 months (till July 2014)
As per the agreement, I had paid 100000/- as an advance amount with rental of 13000/- per month and 10% increment on yearly basis, there shall be one month notice either side for vacating the flat. I had given one month notice to my Flat owner and vacated the flat. I had cleared all the dues to the Flat owner. Now the flat owner is making an obligation that the notice period is 3 months and he/she had signed the agreement without noticing that. For that he is deducting one month rent for wear and tear expenses which was not at all mentioned in the agreement. He is not even attending to my communications.
Please advise me to how to get my money back.
I have only photostat copy of agreement and but I have all maintenance bills on my name from the society for last 12 months.
Please suggest me for the way forward to come out my situation.
Regards,
Naveen
Devajyoti Barman
(Expert) 21 August 2014
Neither of the party can go beyond the terms of the agreement.
Send him legal notice asking for one month of rent amount.
if he refuses to pay then you can seek legal recourse.
Rajendra K Goyal
(Expert) 21 August 2014
Send legal notice. Consult a local lawyer.
Naveen
(Querist) 22 August 2014
Sir,
What is the validity period of the agreement?? and please let me know to whom I have to approach.. consumer forum or civil lawyer??
Shonee Kapoor
(Expert) 22 August 2014
It has to be filed by a civil lawyer. A contract can not be revisited at such belated stage.
Regards,
Shonee Kapoor
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If you don't fight for what you want, don't cry for what you LOST.
Naveen
(Querist) 23 August 2014
Agreement is there upto 31st July 2014. Till what time I can send the notice to my flat owner??
Thanks
V R SHROFF
(Expert) 23 August 2014
Issue him legal notice.; after non compliance of notice of demand, file suit in civil court for ecovery// you can move criminal -420
Naveen
(Querist) 02 September 2014
Sirs/Madams
I tried my level best to convince him to recover my money, but he very adamant and not ready to pay back. Please go through the mail given by him:
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On Tuesday, September 2, 2014 1:16 AM, surya korada wrote:
See Naveen, I also felt bad when I saw and realised that the agreement was signed for 1 month, though we had talked for 3 months. I had done the same with my earlier tenant as well. You can check with him as well.
Having said that, the one month rent is deducted to cover the normal wear and tear expenses. Had you stayed for more than 1 year, I would not have thought of taking this as a recovery. But you vacated the property before the time , hence this is done
As far as paying Rs 3000 is concerned, I am paying. There is delay for certain reasons, I am too much occupied with certain unmountable pressures at this time and not paying attention to personl things at this moment
I do not have any intention or desire to discontinue a relationship with anyone. But at present I am refraining from responding to you, just because you have been following up for the one month rent too aggresively and continuosly and I do not have any other reason other than the above points clarified.
Surya
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In the above message he wants to recover one month rent as wear and tear expenses which is not mentioned in the agreement.
It is the matter of 16000/- only, but he never respond to my messages and communications. please advise me for the way forward.
Thanks/Regards,
Naveen Kumar.T
