Cheating & breach of lease agreement by a lady (owner)
Chandrashekar
(Querist) 14 April 2015
This query is : Resolved
Sir, I need an expert lawyer advise on the below complicated dispute..
I am a family person who is in trouble & blackmail by a widow lady owner in Bangalore. My Lease agreement for 3 years for Rs.4.0 lacs expired on 30.01.2015. On 10.01.2015, Owner asked us to pay 8 lacs to continue for which we did not agree and she asked us to vacate in oral and promised to return our deposit as she had obtained mortgage bank loan of Rs.20 lacs.
Based on her assurance & seeing the loan credited in passbook, I have searched a new house with difficult and made advance of Rs.1.05 lacs and waited for 2 months to return the money by owner. She kept on promising and at the neck moment she is not willing to return my money and says she is not having money & loan amount utilized for something else and she is waiting for other tenant to pay money.
Where as in our agreement it is clearly mentioned not to wait for other tenant & to clear in one single payment, more over it is also mentioned that she should give in writing 3 months notice before the expiry of lease period. Nothing she followed.. I have complete video recording of her assurances & failures.. promising to pay... but now at last she saying wait for other tenant to come.. Based on our assurance & promise the new owner had informed their tenant to vacate and their tenant also made all the arrangements to vacate, now the new owner required to make settlement to their tenant, whereas this lady owner not willing to return the deposit intentionally, hence now I am in a position to loose the advance paid amount.
To my knowledge.. there is already one complaint registered in police station against this Owner by the tenant who staying in 1st floor (on oral agreement) in the same building with regard to false information on lease amount agreed between them, “ 1st floor lady tenant was saying paid 8 lacs to Owner & Owner was saying the tenant paid only 4 lacs”, which went upto CCB (Central Crime Branch) office to resolve the issue but I am not clear of the final result. Apart from this she is facing one Court Case, suit filed on her by a person stating she taken 8 lacs advance to let out her 1st floor by signing an agreement and not handed over 1st floor to him or returned his money back.
How do we proceed with such complicated situation and get our money back in 7 days... She seems to be a fraud...moreover she has taken mortgage loan on this building 20 lacs, hence I am not in a position to continue long time also with the same lease amount nor file a suit, If i file a suit, which would take long time by the time, if she fails to pay bank EMI, foreclosure may takes place, in such situation, we may find more difficult to recover this amount at last.
Hence need your expertise advise to collect our money back in 7 days or is it better wait for other tenant to takeover the possession. My agreement is notarized and registered in notary book...
M V Gupta
(Expert) 15 April 2015
Urs is an unregistered lease agreement and as such cannot be relied on in court of law. If produced in the court it may be impounded and referred to the Registrar for collection of proper stamp duty and penalty.As regards the collection of ur deposit from the land lady, the only course open is to issue a notice demanding return of the deposit with interest at market rate within a specified period. Get the notice issued through a Lawyer.
Surender Kumar Sharma
(Expert) 16 April 2015
Is any condition mentioned for non refund of advance money by the land lord in the agreement, check , issue the notice, and file a suit for ownership of the same building basing on the failing the refund of advance money, the land owner will sure initiate to do something for the sake of his building, contact local lawyer first
Chandrashekar
(Querist) 18 April 2015
Dear Surender Kumar sir,
In agreement it is stated in case of landlord fail to return the deposit even after expiry of agreement, the tenant has rights to recover the same from her present and any other property...
But the problem is we have paid advance 1.05 lacs to new owner which is getting lost, as they are not going to return... How do we proceed with such case, this present landlady not willing to return until the new tenant pays her advance.
In agreement it also mentioned & signed by her that she will not wait for other tenant to return our deposit.
At present I am not vacated the house but made advance to new house 1.05 lacs.. Now moreover I lost interest on the present owner and I want to recover my deposit either legal or any other mode. Hence please suggest the best way to threaten her to return our deposit.
Chandrashekar
(Querist) 20 April 2015
Owner not willing to return my lease amount or not willing to renewal of agreement at the same rate. She forcing us to stay till she get new tenant to pay our deposit... Moreover we are not interested to stay as we noticed she is not honest and cheating lady owner. Hence is there any remedy to recover our deposit ?.
Chandrashekar
(Querist) 20 April 2015
Dear Sir,
I have one questing in my mind, in case of foreclosure of building by the Bank, who pays the lessees deposit at the time of foreclose or after foreclose taken place due to failure on Loan EMI to bank by the landowner on her mortgage loan of 20 lacs..? Do the bank give notice to tenant before they evict ? Do they return the deposit and ask to vacate ?. or do they ask to vacate and collect the amount from landowner ?.
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
Issue a legal notice demanding your amount and follow it by a suit for recovery of amount.
M V Gupta
(Expert) 23 April 2015
Issue notice stating that u are withholding possession of the premises as she has not refunded the deposit amount as agreed; claim interest at the market rate; as u have already entered into agreement for new premises, u may consider shifting to the new premises after securing the present one by putting lock on it. Also make it clear in ur notice to the land lady that u will not be liable to pay any rent or other outgoings in respect of the premises of the land lady.
Chandrashekar
(Querist) 12 May 2015
Dear Sir,
I have not vacated the house, I am still continuing the same house as I have not made any agreement for new house, The advance paid to new owner was on oral discussion. Now the new owner is willing to return advance by deducting 10%.
I have complete video recorded in my mobile of our land lady refusal to give deposit & asking us to stay till she get new tenant. Now do I need to give notice to her or just continue till she returns the deposit (lease amount). Will it be any problem at later date if she claims for anything staying even after agreement expires, stating I have not paid extra to continue...
M V Gupta
(Expert) 13 May 2015
Address a letter preferably to be delivered by registered post or against her ACK recording the agreement made by her orally for ur continuance in the premises until she got a new tenant and other understanding given by her reg rent payment and refund of the deposit given by you. This will help u in future in the event she creates any trouble for ur continuing in the premises after expiry of the lease agreement.
