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Nathan (SoftwareEngg)     02 February 2011

Landlord Creating Problem

Dear Sir,

I rented a small 550sqft 2BHK flat in chennai suburban. I'm staying in this flat since Apr2006. I'm paying Rs.5800 as rent and Rs.1000 for water and Rs.350 for maintenance. I've deposited Rs.35,000 as advance. Altogether I'm paying Rs.7500/month for a small flat. Now the landlord is again increasing the rent by Rs.600. I asked him the reason for increasing the rent and I highlighted him the lack of basic amenities in the flat and asked him to fix them. He is not ready to fix the problems and no maintenance work was done in that flat so far. Other people in my apartment complex pay only Rs.5000 as rent for the same size flat. I mentioned this also to him and asked him for a small increase. But he is not ready to consider my request and asking me to vacate the flat immediately. Right now I'm out of India and only my 50 years old mother (my father expired 10 years back) and my sister are staying in that flat. My sister delivered a baby just few week back and she got operated. I highlighted all my families health problems and requested him more time to vacate. Since I'm out of country, I thought of find smooth solution with him and I agreed to pay whatever rent he is asking me and requested him to give me six more months time to vacate the flat. But he is not even paying attention to my requests and he is forcing me to vacate the flat immediately. I regularly deposit the rent before 5th of every month to his bank account. We never executed any lease agreement and it was a mutual understanding between us. I requested him many times to give me more time to vacate the flat because I'm out of country and because of my family health reasons. But he is still forcing me to vacate. I'm fearing that he may create more problem to my family. Since my mother and sister are alone there, no one is there to help them out. Can you please advise me further course of action on this regard?



 4 Replies

Ajay Gulati (Practicing Advocate)     03 February 2011

U need some one to make a complaint to the local police if the landlord uses force to evict ur family members but as far as proper remedy is concerned, some one wil have to file a case against the landlord restraining him from evicting you forcefully and if u think of filing a case then engage a local lawyer to take further course of action.

Nathan (SoftwareEngg)     03 February 2011

Dear Ajay - Thanks for your suggession. But how come the landlord can simply use some force to evict my family? What kind of force he can use? I believe he has to use only the legal force. I clearly told him that, I'm ready to move out and I don't have any intention to create him a problem. I'm requesting him to give me more time because I'm out of country and no one is there to help my mother to arrange alternative option. But he doesn't want to listen to me and he is threating me. Maxinum I can take another six months to move out and I don't want to make this very complicated. I will definitely move out once I return back to India. I clearly told him this and he is still creating problem just because I asked him the reason for increasing the rent and requested him to fix the basic amenities before he increase the rent.

Dear SKJ - Your advices are very useful and now I feel bit relaxed after reading your reply. I never defaulted paying the rent and I directly transfer the rent to his bank account. He only gave me his account number and asked me to desposit the rent because he lives in Bangalore. Since I'm depositing the rent to his account, I thought the bank transaction is enought for the proof and I don't have the rent receipt for all months. I've the rent receipt only for few months. Will it be a problem? I don't have any intention to create him a problem and I don't want to end up spending money for legal activities because I'll definitely vacate the apartment once I return back to India in another six months. I just need six months time to vacate. But he is not even considering my request. Also he lives in Bangalore and he doesn't need the apartment for his personal use. He is asking me to vacate just because I asked him the reason for increasing the rent. He increased Rs.2000/month in last Apr 2010 and now he is increasing the rent by Rs.600/month. Since he is increasing Rs.2,600 since last Apr 2010, I asked him the reason for this huge increase and asked him to consider increasing the rent after sixe months. Don't I have the rights to ask him the reason for increasing the rent? Can't I ask him to fix the basic amenities like water problem and power? Can't I request him to give me more time to vacate the apartment?


Nathan (SoftwareEngg)     08 February 2011

Dear Sir, Can anyone please help me on this? I want to know how to handling my landlord.



K.srivas vathul (Admin )     30 April 2012

Dear sir ,

                        One year ago i rented a 2 bed room flat in t.nagar chennai  for a rent of rs.10000 per month and i have paid an advance of rs.50000 to the landlord  at the time of handing over the flat it was not completly cleaned house and there were many obstacles in the flat but we did not mind that and at the time of entry itself we have told that at least for 3 years i should not to be asked to vaccate and after all that iam paying rent correctly every month by the mean of cheque . Now suddenly my house owner says that he is going to sell his home and and wants me to vaccate atonce , I told him that that is his wish as he is the owner but he is saying me to vaccate with in 2 months i told him clearly that i can not vaccate with in 2 months as this is very short period and i want atleast 5 to 6 months time limit and it is not that i will take that whole time even if i get house in 2 months i will vaccate time line is just for my saftey, i have clearly said him , even he did not enter in to agreement i have insisted him sevaral times .So now not even 12 months completed if i want to go i have to again bear all the expenses at this short time even i will try to do that but iam asking instead of 2 months kindly give me 5 to 6 months time , but he is arogantly saying only one or 2 months and trying to force me out , dear sir now what shal i have to do kindly help me in this issue i dont have any intention to stay  back at his home after he has asked me to go out ,but only thing is time as my parents are patients and even i have lots of comitments what is the way to extend the time limit kindly help me Thankyou.

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