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vignesh K (Associate)     16 June 2014

Landlord is not giving back the lease money after lease over

Hi,

i am vignesh, i have leased a house 2 years before, as per the agreement my lease period is over, i have not registered the agreement, will it be a offence? is there any way to validate my agreement? i want to vacate the house but the Landlord is not giving back the lease Money after the Lease period is over. What should i do legally to get my lease money back.



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 6 Replies

Sunil S Nair (lawyer)     16 June 2014

Who drafted this lease agreement weather you or lessor what is deposit can i know clearly, and the monthly rent that you payed to him monthly if you are still in position of the property better not leave it till your deposit is clear

vignesh K (Associate)     16 June 2014

Hi Sunil, Thank you for your interest on this regards,

My Landlord drafted this agreement, it is a row house, next to my house some people are staying is not good and they are torturing me and my mother, with some bad habits, but I have to go to my house crossing his house the passage is same. we complained about this many time to the owner but he has not taken any action. since the lease time is terminated i wanted to shift to other place, but he is not giving my Lease money back, in the Month of May he said i will give you money but i need to arrange some finance by loan for that i need to file IT so i want your signature in an rental agreement saying you are paying rental to me. (Please find the rental agreement he made on May 2014 for the march 2012 attached). and he also said promised orally that  i will pay your money within 15 days once the loan amount will come. but still he has not paid my money. and he is always lying and asking time for 3 more months.  i am very afraid about my money. please suggest me that how can i make my lease agreement valid. is there a way to pay fine in the court and make it valid.


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Sunil S Nair (lawyer)     16 June 2014

As far as trouble caused to you and your mother you can file a FIR in the nearest police station this agreement is not even notarized if you are still paying rent stop paying it , i would recommend to send a legal notice for the same but for that you will have to contact a local lawyer and will put additional cost on you try to solve the issue amicably by regularly asking him for payment

vignesh K (Associate)     16 June 2014

i am not paying any rent to the landlord. can I make my Lease agreement valid by paying the stamp duty. or is there any excuse for not notarized? if I give legal notice,  will his rental agreement cause any trouble to this regard? He has taken signature to the rental agreements to the couple of houses in the same building just like us. i am worried he did this to cheat the Lease amount to us.

Sunil S Nair (lawyer)     16 June 2014

You along with others can raise the issue altogether in front of the landlord registering the documents will help better consult local lawyer in your area who can address it properly your agreement in eyes of law is a secondary proof it will be taken to corroborate the terms of the agreement in court

vignesh K (Associate)     16 June 2014

Oh,

will it be possible to register the Lease agreement document even after the period is terminated?. but he has not paid the Lease money back so the original document is with me.. sure, i will consult a local lawyer in evening. before to that, how can i prove that this agreement is real, i have given the same Lease agreement to the LPG gas connection to the address 2 year earlier (at the time of shifting). and also taken the aadhar card by providing the Lease agreement 1 year before.. will it be considered as proof of being in Lease in that address?. 

Please help me in this regard.


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