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Shashank Mehra   14 June 2016

Landlord trouble

Greetings of the day,

I had shifted to a particular house on 13th April 2016 by paying a deposit of Rs.40,000 and agreeing to a rent of Rs.7,500 per month. I have also paid 50% of registration charges of Rs.3,000 (i.e. Rs.1,500).

I had given a cheque of Rs.40,000 for the deposit and subsequent cheques of Rs.7,500 each for the next 11 months. The agreement done was for 33 months with a 10% increase in rent every month for a 2 BHK.

All was well, till the time the first cheque bounce because of incorrect signature. My signature which was given to the bank had the salutation and I what I signed was without the salutation. This is where all the problem began and my landlord was angry and wanted to terminate the Licensor-Licensee arrangement. He has given me a 30 day notice on 1st June 2016 and wanted the flat to be vacated by 30th June 2016.

I haven't made him any payments and he will be reducing the amount from the deposit and returning the remaining amount.

He has mentioned that I was rude to the site co-ordinator of the flat as there was some fittings missing, however the site co-ordinator was so friendly to me that he got me into a new job. I haven't spoken to the site co-ordinator since this issue. The landlord also mentioned that whenever the people from the builder's office came to rectify the issues, I was never in the house. However, now, whenever the broker gets another party to occupy the house, I am always available.

Secondly, he mentioned that I was not given the soft copy of my rental agreement as it was supposed to be given by my broker and not him (landlord). I was after my landlord for the rental agreement as it was him who told me at the time of registration that he will be getting the hard copy and then will mail me the soft copy which didn't happen hence the chase.

Third, I came to know from the broker that the landlord is now getting a rent of Rs.8,500 compared to Rs.7,500 which I was paying.

I am not sure if this is something to get a higher rent or something else, but I am at a huge loss. Please find his email below:

"Dear XXXXXX,

This refers to my discussion with you today afternoon after having received your below mail. 

Regarding the Kitchen Chimney as well as the Shower panel related issue, we had already placed complaint with Mr. Kumar. You have already been informed by Mr. Kumar that both the items are to be attended by technicians from the company itself as they are under warranty. 

I have been informed by Mr. Kumar on numerous occasions that he has arranged visit of technician to our flat to attend to the complaint but it could not be attended due to your unavailability at home. The most surprising fact is that despite you having fixed visit time of technician with Mr. Kumar, you were not present at home.  Please note - technicians from company will visit as per their schedule and not always at your convenience. You need to align your timings with their schedule to get the items repaired and not the vice-versa. Mr. Kumar has also updated me about your high-handedness and rude behaviour in dealing with him about technician's visit.

Regarding the Rent Agreement, it was never agreed that I will provide you soft copy of the agreement by e-mail. You have approached through a consultant and you are expected to get all your documentation completed / collected through your consultant and not from me. Nevertheless, I had a talk with Mr. Pradeep (your consultant) after our discussion today afternoon and he mentioned that you have not yet paid his professional fees (only part payment is made), because of which he has not handed over copy of signed agreement to you. I hope you agree with this fact.  


Considering the above and the Return of Cheque unpaid, I would not like to continue the Licensor-Licensee relationship with you and would like to terminate the Agreement. Please treat this mail as notice for vacating the flat by 30-June-2016. Please remove all your items from the flat by 30-June-2016. Please also hand over the Warranty Cards which are collected by you at the time of installation to Mr.Pradeep.

 F Y I - You have been staying in the flat with effect from 13-April-2016 without paying any rent. 

Thanks and Regards,

Landlord."

 

Please let me know if anything can be done on this as my washing machine was spoilt because of improper possession given, the pipe was choked up and I had to pay Rs.4,500 to get it repaired. My AC fitting cost of Rs.3,000 was also paid and now I have to remove it and reinstall it in the new house. My brokerage of Rs.5,000 which I had given to the broker is gone and also my registration charges of Rs.1,500.

 

Please suggest me as to what can be done in this case as according to me, whatever has happened is to get more rent.

Regards,

Shashank Mehra



Learning

 9 Replies

Shashank Mehra   14 June 2016

Also, I would like to know as to how I can the soft copy as the broker is not ready to give me. It was an online registration.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 June 2016

Cash can be paid if cheque is bounced get receipt for acknowledge.give a reply to his notice
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 June 2016

Cash can be paid if cheque is bounced get receipt for acknowledge.give a reply to his notice

Kishor Mehta (CEO)     15 June 2016

Sir, Everything depends on the terms & conditions of the registered Leave & License agreement. Good luck, Kishor Mehta
1 Like

Shashank Mehra   15 June 2016

Thank you for the reply Mr. Rachakonda & Mr. Mehta.

@Mr. Rachakonda: The landlord has refused to accept any NEFT or cash payment and will be deducting the amount from the deposit when returning. I have that on email.

@Mr. Mehta: I need to know how to get my part of the rental agreement as I am not able to get it. Is there a way it can be done from any other source as I am authorized to get it since I am the tenant?

Pradeep   15 June 2016

The duplicity of message is regretted

Pradeep   15 June 2016

 You need not evict the premises and answer the notice befittingly in a lawful manner explaining the expenses borne by you in shifting into rented premises. The deposit amount fo Rs40,000/- has already entered into landlord's account books . Therefore , the leave and license agreement is operative. Only  one or two cheques have bounced for technical reasons and that was not intentional default on your part. Along with notice reply,  you send substitute cheques with proper signatures and express fulll willingness to comply with every clause and letter of the agreement , regretting the unintended mistake but refusing to evict on this trivial reason. He has exacted  a handsome  depsoit beforehand, (usually it is three months' rental) and so he can not claim that he has been seriously wronged by inadvertent delay caused in one or two rent installments. The bogey of unruly conduct with his employee is also not a competent cause for demanding eviction. His demand of expecting you to confirm to timings of visits of his employees , also smacks of exploitative conduct on landlord's part. In short,  landlord's stand , prima facie, looks  unreasonable and need not be allowed to succeed.     

1 Like

Shashank Mehra   16 June 2016

Thank you Mr. Pradeep,

It was just the first cheque that was bounced and the funds was there in the account since 4th May 2016 and the cheque was for 31st May 2016

Shashank Mehra   27 June 2016

Need assistance again -

The electricity has an issue and it is showing incorrect units. Showing 127 instead of 57 which is clearly visible on the bill and has been identified by the MSEB staff. However, the MSEB staff has mentioned to pay the electricity bill and next month it will be adjusted. The landlord is now saying that we need to pay the full bill despite the adjustment going to happen next month. What should I do in this now?


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