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Akanksha   10 January 2018

Rental agreement fraud

Hello all, Recently I had to suddenly vacate a room in an apartment due to personal reasons. Now, I hadn't talked to the owner until that time ever and all the formalities had been taken care of by my flatmate. After I vacated, when I asked for the deposit of the flat from the owner, I realized that my flatmate had lied to the owner about my credentials and had said that I was a relative who had come to live for a few months. She also had another person living in her room and her name was not mentioned in the agreement.Now, she is deducting more than the stipulated amount of money from my deposit to cover her dues with the owner. What should I do in this case? Thank you!


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 7 Replies

R.Ramachandran (Advocate)     10 January 2018

Did you enter into any agreement with the owner?

Akanksha   10 January 2018

Yeah. The agreement was made between the owner, me and my flatmate but my flatmate lied about me being her relative to convince the owner to enter into an agreement. I was not aware of her lying the entire time I was staying there. I only got to know about it when I spoke to the owner personally.

R.Ramachandran (Advocate)     10 January 2018

It is not clear how it matters whether your friend told that you are related to her or not?  You say there is an agreement with the owner.  You have paid some advance.  Then upon your vacating, the owner has to give back the advance money to you.  If anything is due from your friend to the house owner then she should get it from your friend and not you, provided the terms of the agreement are clear in this respect.

Otherwise, you have to talk to your friend and try to get the amount from her (as she seems to have kept some dues to the owner).

Akanksha   10 January 2018

Thank you for the reply, Sir.

I tried to talk to her but she told me that she will cut more than 50% of the amount for the rents of the month that I'm not staying there and that I shouldn't have anything to do with the owner anymore. I requested her to come with me to the owner's place so that we all can talk and come to terms. She agreed two days back but now she is saying that she isn't available on that day. The owner/she hasn't returned the deposit of the previous tenant of my room. My flatmate is not complying to come with me to the owner to sort things out. What should I do in this case?

Also, I had talked to the owner's wife before and she agreed to pay me the entire deposit after listening to my woes in the condition that I bring my flatmate with me. 

Please advise.

R.Ramachandran (Advocate)     10 January 2018

Now, it is in your hands to convince your flatmate to come with you to the owner.  You cannot do anything else legally.

Akanksha   10 January 2018

Okay, Sir.

Thank you.

Nitish Banka (lawyer)     10 January 2018

You may issue a legal notice and try to settle matter out of court.

Adv. Nitish Banka

Advocate in Supreme Court of India

9891549997


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