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manikandan   15 April 2015

Owner demanding ransom while vacating the house for damages


I rented a three bedroom house. The agreement was through my Bank lease and the agreement was for 3 years for a rent of 24000/-(inclusive of maintanance Charges). An advance of Rs 2,40,000/- was paid by the bank. I was staying with my Wife, Son and Daughter in law. After 21/2 years the landlord suddenly locked down the terrace and prohibited us from using it for drying the cloths. When asked the landlady resorted to abuse us and said she is doing all these to make us vacate the house. They sent a notice to bank as well to discontinue the lease and in the letter my Son and Daughter in law were asked to evict the premises without any notice been served.

Now as the landlord has to return the advance paid to the bank . He is claiming that there were damages worth of 98000/-  split as Follows: House repair - 40000/- , Maintanance, Vehicle parking , General EB, Lift Usage conributing to the remaining amount. 

There is no actual damages in the house at all. He has Voided the agreement that he has to white wash the house every two years. When requested to supply us with bills and estimate for the above asked amount he is trying to evade us. Could you please advice us what needs to be done in this case. 

I'm attaching the electricity bills from the common meter for past 1 year for reference. This should serve as the proof of the pudding on the other items the landlord. There is no other maintanance requirement as this a individual house with just 2 floors one occupied the owner and another rented to us. There is no house maid even!!!


 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 April 2015

Sir, What the lease deed says, about ur he eviction terms and clauses.... Warm Regards Kapil Chandna Adv 9899011450
1 Like


you seem to be one of the those very fewest of the few innocent tenant under the hands of homeoner sharks.for the most part, it is the other way around where  it is the tenant who usually gives problem understanding the pro-tenant laws that we have in our system.
i would advise you to give your owner a verbal warning that you will be initiaing a civil suit in this case and will be paying all his rent going forward only at the court and will not vacate until this case ends.
lets see,if that makes any change in your owner's attitude.... stopping you from access to terrace is also a violation of your rights on the owner's part..

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Adv k . mahesh (advocate)     16 April 2015

a lease agreement normal terms and conditions will contain all the clauses and with bank means they will take extra precaution regarding such acts so first verify the termination clause were a notice period if either party terminates and what penalty to be paid in mean time as said above consult a local lawyer and show him the lease agreement and by reading the clauses correct picture will come

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