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hujair khan   30 June 2020

Registered Agreement Rent Issue / Place Vacant

Hi,
i am having a commercial property which have been purchased on loan 3years back,
my rental has not paid me rent from march due to this pandemic, and without informing he vacant the property while promicing that he will pay me all dues in next 2days and suddenly when i moved to the property the place was vacant and allā¹ walls and floor is been damaged, there is an expense for repair of approx 60k, he says adjust security deposit in rent and calculation says he should pay me more 45,000 which he is not paying neither he is giving the Position of my premises and damages he is just giving the excuse that he took it in the same condition wherein the property was brand new.

please help what action can i take, and how fast this can close and the emi i am depending on rent, without rent it is problematic for me to manage

pls help


Learning

 10 Replies

Dr J C Vashista (Advocate)     30 June 2020

What are the terms and conditions of rent agreement ? Show the agreement to a local lawyer and proceed accordingly.

sm.calcutta (Advocate)     30 June 2020

Hello!

You may send him a legal notice, and sue him for the money.

Thanks.

offstatute@gmail.com

G.L.N. Prasad (Retired employee.)     30 June 2020

Contact a local advocate to get immediate relief.  Get all the damages recorded in photographs/video , get repairs done, and issue a notice with such estimation charges to the erstwhile tenant.

hujair khan   30 June 2020

@dr JC Vashista, all terms are condition is in my favour in registered agreement but he is just stretching, now 15days is been passed out since he vacant he is not willing to do any work or hand over the position. the agent in middle are 0f now use, they are saying now its your personal issue they cant help.
i have spoken to the other local agent he says you put ur Lock and Key,
will that be good idea? will i stand on legal issue

P. Venu (Advocate)     30 June 2020

The right remedy would be to file a rent control petition and get the dmage assessed by a Commissioner appointed by the Court.

Pankaj Kumar Jain   30 June 2020

what were the terms in the process of termination of agreement..any notice to be provided before vacating? if any mentioned you can claim the security. also you can file civil recovery suit against the tenant.

hujair khan   30 June 2020

@pankaj k jain sir,

in agreement there was a locking period of 3years which was getting expired in october, and they did not gave any notice without informing they vacated the property damaging the floor and walls.
floor was granites when given and now its all glued with carpet pasted and toilet is been altered. washbasin removed and when asked plumber he says he will charge 30k for repair and total expense for repair the property will be approx 80k, and rent pending of 45k total loss of 1,25k

Pankaj Kumar Jain   30 June 2020

Has he informed you that he is vacating the premises in writing?

If he has then you can occupy the property, and then prepare to sue for damages and repairs, also you are allowed to charge his deposit as you have incurred loss in manner of finding a tenant immediately.

adv.pankajkumarjain@gmail.com

hujair khan   30 June 2020

no he did not informed anything, we came to know when i had a mistry visit ova there at the property, from last 10days i am asking for keys he is delaying that he is out of station and not available, everytime he promise for next Morning and same thing going on from last 10days.
he's least bothered

G.L.N. Prasad (Retired employee.)     01 July 2020

First do not fight and get the key and get your FLAT first, give him the photographs, the estimate and obtain his signature after receiving the keys. Do not repeat the same story again and again, as members from different places can not provide remedy.  Contact a local advocate and he will also advise you to engage the value approved by the valuation institute both to the value of damages and replacement.  First get the property into use.  ( I am also a victim like you, you are staying locally but I have to travel 400 km to look into my flat)


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