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Kshitij Deo (iOS Developer)     29 January 2015

Rental lease dispute

Hi,

I took a fully furnished apartment on rent in April 2014 at 27k/month rent. The owner introduced a clause of 11 months Lock-in as she was going out of country. However, due to visa problem, she returned to Bangalore after 4 months and started pressurising me to vacate the premise. Invoking a particular clause in the agreement, she would come to the apartment and stay for long hours and cause annoyance. After I got married in December, I finally moved out of the apartment - breaking the Lock-in agreement. Now she is creating hassle returning my deposit amount of Rs.1.6 lakh, saying that the walls in her room got damaged due to leakage from toilet. The fact being that there was leakage in the toilet even when I got possession of house. It spread quickly during monsoon time to 4 walls. Now she is demanding 25k to get it painted while the real cost of painting is just 5k. She is also asking me to get a notarized document stating the money being returned and handing over of her keys, if I want the money back. She has harassed me at multiple occasion - this time she even said that she would send some guys into my new apartment while my wife is alone. What would be the best way to handle her? I am also afraid that she would fly out of country within a week or so.



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 2 Replies

Dr J C Vashista (Advocate)     30 January 2015

Get the matter settled amicably without restoring to legal procedure, it would be better for both of you. If still unsettled, issue legal notice for refund of deposit amount, she will have to return the money with litigation expenses.

T. Kalaiselvan, Advocate (Advocate)     01 February 2015

You should not have vacated the premises before getting the advance amount repaid, however, if she is harassing you continuously, you may issue a legal notice and warn her that if she still indulges in such undesirable activities, you may have to go against her through police.  This will certainly make her to think about the consequences since she is preparing to go to abroad.  Take the help of a local lawyer and first issue a legal notice to her demanding your advance money.


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