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Tene Thomas (SW Engineer)     19 October 2010

Need urgent advice about a tenant landlord case

Hello

This is the only site where I found answers to the legal questions.So I hope I would get an answer for my question.

On Sep 25, I gave 8 months rent as advance (Rs 68000) to a house owner, for renting his house. I asked him to provide fans and clean the house as it was not in a liveable condition.

We met on Oct 2 for signing the agreement and taking the house key. But I saw the house in the same dirt condition with no fans. I told him that I am not interested in renting the house.

He deducted 2 months rent of Rs 17000 and gave me only the rest.

Is this right to deduct 2 months rent for cancelling the house within one week before signing the agreement to getting the house keys?

I have the acknowledgement of giving him the advance amount. He made me sign an acknowledgement that I am receiving Rs 51000 and 17000 is deducted as notice period amount.

Please advice what I can do in getting the money back.



Learning

 10 Replies

R.Ramachandran (Advocate)     19 October 2010

It is not clear in which place this transaction took place.

In these types of transactions, where any written agreement is absent, one cannot say with certainty as to what was agreed upon between the parties.  Even if you can prove that you only paid the amount on Sep. 25 and cancelled the intention to take the premises on rent within a week i.e. on 2nd October, and the amount deducted by him is quite excessive, still to recover the money you have to spend much more in court process - there again success is not assured.   The landlord will set up dummy clients to claim that he had lucurative offers which he spurned just because he had already committed to give it to you - he has suffered the loss because of your cancellation etc etc. 

So, at least in future, you have to be little careful while giving such advances. 

niranjan (civil practice)     19 October 2010

As there was no agreement,neither written or oral,LL cannot deduct Rs.17000 rent as possession was not given toyou and you had not become tenant.You give him notice and then file suit.But you should have accepted Rs.51000 under protest,Doesnot matter,you can still proceed.

Tene Thomas (SW Engineer)     20 October 2010

Thanks for the replies.

I have the written acknowledgement from landlord that, he has received Rs 68000 from me.

When I collected Rs 51000 from him, I also signed an acknowledgement for him, which stated that I am receiving Rs 51000 and Rs 17000 is deducted as notice period amount.

With these docs will I be able to take action against him?

Is oral agreement a valid thing when I was not even given possession?
 

C Nadarajan (Advocate)     23 October 2010

Notice period will come into operation only after you enter into the house as tenant.  Do you have any record to show that from what source you paid the advance amount on that date i.e., 25th September. If it is proved that you paid the advance amount of Rs. 68,000/ what is the fun of deducting the sum of Rs. 17, 000/ on Oct 2. How he has calculated two months notice period when there was only 6 days had elapsed between 25th September and 2nd Ocober. This will help you in your case of demanding to repay the amount of Rs. 17,000/ but think about the court expenses and confirm yourself whether there will be balnance in your hand after winning the case..

C Nadarajan Advocate

Tene Thomas (SW Engineer)     23 October 2010

Can you please tell me an approximate figure I have to spend for the whole case procedure?

Bobby Mani T (Lawyer)     29 October 2010

It is better to settle the matter among you and the landlord else you will be spending much money ant more precious time in the court of law.  You may not get justice in your life time.  I know cases as much old as 40 years and more.  Hence I advice you to get the matter amicably settled out of court.

Tene Thomas (SW Engineer)     29 October 2010

Why the legal system is like this?

Then what for judiciary is existing?? Any purpose?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 October 2010

Legal system works on both ways so if you have time the opponent can also face music, choice is yours.

Tene Thomas (SW Engineer)     29 October 2010

If I am filing a case and the opponent is not even attending court summons, will there be any action against him? Or I will be keeping on attending court session without any use?

Patira Gunwant (Legal Adviser & Consultant)     09 November 2010

Deart Friend !

Your case is not peculiar. Several of such instances are found in various cities and places around. In your case what you ought to have done was accept the refunds/money under inscripttion "received under protest " and thereafter you ought to tpo have send a legal notice to the tenant/landlord through a lawyer claiming full compensation with interest within a time frame given in the noptice, say for 15 days or so. In case of failure to give you reply, you ought to have filed a complaint in a Police Station for extrotting monrey underr duress and in absence of a legal committtment. at best the tenant could have deducted only 2% as some incidental charges for negotiation roubds and not much and more than that, as if brokerage is paid to himself. and by himself There are various legal avenues available but all these are time consuming and cumbersome, aapart it needs additional expenses. You can still talk to the landlord and tell him to pay the balance money failure to which legal notice can be sent and wait for his or her reply (from reply you will find ground of deduction in writing but not by word of mouth).

Regards.


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