Shiva (deve) 10 June 2013

Legal notice to house owner

Hi,

This is Shiva from Bangalore.

I was staying in a house more than 4 years and 8 months. First year only I made the agreement for 11 month with my House owner, after that I did not renew it.

Recently I brought the new house, So, According to the agreement I gave 3 month notice.(I send the notice via SMS and he agreed via SMS) and vacated the house with in 1.5 month. But I ask to my house owner, he can decade the rent amount (Rs.10000) for 3 month form my Advance amount (Rs.90, 000). As per the agreement I am willing to do the painting also.

But, now he saying that there are lot repair that I need to do, like water leakage on the wall, door repair. He asked us to change the hot water, he don’t want the old one which is repaired. So, while come out from the house I changed to new geyser. It is seem to be he wants to take the entire advance amount. Still I did not hand over the key, the house is vacant. End of the month I need to handover the key to him.

How I can get back my advance amount? Is there any legal way to get back my money. I am willing to run the case on him for injustice way.

Thanks and Advance

Regards,

Shiva

Reply Follow

12 Replies

reejas (advocate) 10 June 2013

first check out whether his complaints are reasonable and genuine . if genuine bear the cost and tell him to return te remaining and if not genuine send him a legal notice seeking for refund of amount and file a money suit against him.

1 Like

reejas (advocate) 10 June 2013

u can send him legal notice and file a money suit against him.

1 Like

Shiva (deve) 11 June 2013

Thanks Reejas,.

//first check out whether his complaints are reasonable and genuine//

Surely it is not genuine. For example he is staying in first floor, we were in second floor. The water is leaking form first floor rest room to ground floor. He is asking us to fix the water leakage probleam.

Advocate Bhartesh goyal (advocate) 11 June 2013

Landlord can not withheld the entire advance money [rent] paid by you at the time of taking house on rent.He can only deduct the amount which is to be spent on white wash and minor repairs.Issue notice and demand the advance money. If he refuse to pay then file recovery suit against him.

1 Like

Adv k . mahesh (advocate) 11 June 2013

first do not vacate if you not handed over the keys then keep some furniture un used in the house and tell some of your friends to stay there and fight for your advance amount to be returned immediately or will take legal action and if also he is not giving fight for your amount

in such cases the court will decide fastely

1 Like

reejas (advocate) 11 June 2013

it is not ur conceern. you will have to bear cost only for the damages caused by you.if he alleges complaints . do send him a notice . you should have renewed the rental agreement

1 Like

reejas (advocate) 11 June 2013

it is not ur conceern. you will have to bear cost only for the damages caused by you.if he alleges complaints . do send him a notice . you should have renewed the rental agreement

Shiva (deve) 12 June 2013

Hi All,

Thanks for all your advice.

I am planning to file a case against him. I will wait for some more days, to see what he is going to do with out house key.

Shiva (deve) 26 June 2013

Hi All,

Finally I won, YES I got the full advance amount(90,000 - 30,000 =60,000).

I send the legal notice to him, saying that civil work is not part of agreement, So he need to return back balance amount, otherwise I will file a case against. And he send the legal notice saying that if I done minor repair (with out civil work) and white wash he will pay the balance amount.

I done all minor repair and whitewash the entire house, today I got the money back.

If I did not send the legal notice to him, I would be in trouble.

Once again thanks for all you feedback and help

Adv k . mahesh (advocate) 26 June 2013

congrats for the amount and when is the party mr

enjoy and from now on see the agreement and do appropriate thinking

RAGHU NATHA REDDY.K (ACCOTNT HEAD) 26 June 2018

Dear sir 

My name is raghu , i am staying Bangalore , i am taking 1bhk house in lease basic amount of Rs.6 Lacks , is that lease agreement compulsory registration required or not , kindly confirm and what is the registration fee cost in bangalore

thanks in advance

raghu