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Nandhakumar Mani (Senior Analyst)     06 June 2013

Torture from house owner and not returing deposit money

Hi Sir,

My name is Nandhakumar and I have rented an house in Bangalore. The Rental Agreement was made on  14th April 2013 and the rent agreement was made for a period of 11 months with effect from 01-May-2013. The Agreement was made on Gov of Karnataka e-Stamp signed by myself, house owner and witnesses. I have the original copy.

Now due to some very unfavorable situations in the locality (bad sewage and insanity etc causing health issues to my family) I decided to vacate the house and informed the house owner that I am giving 2 months notice from 22nd May 2013.

The house owner is not willing to return the amount is causing much torture. He is saying,

1. I have to pay him the amount he paid to the broker who arranged this 

2. Amount he paid for few electrical works (additional plug points etc) before we moved in.

3. Rent for April 2013 when I had not even moved in and the agreement was made from 01-05-2013.

4. Amount for colour washing the house even when I told him I will do it from my side (The Agreement allows that)

When I call to speak to him he says he does not want to talk to me and ignores. Now I am getting tortured mentally by the owner as well as the broker who calls me to compremise by paying off what owner demands.

The terms in the agreement is as follows.

## The lessee has paid a sum of Rs. 1,50,000/- as  security deposit. The same amount will be refundable at the time of termination of the lease and this amount shall not carry any interest.

## The Lessee shall vacate the schedule premises on a two months notice from the lessor. Similarly the lessee can vacate the schedule premises after giving 2 months notice to the lessor.

## The Lesse shall get the premises distempered/colour washed at the time of vacating the premises failing which the cost be deducted out of the security deposit.

Request you to please advise me, If I can proceed legally against the owner. I have sent a registered post to the house owner indicating the termination of the agreement and mentioning about the start of notice period.

Thanks a lot in advance

Nandhakumar Mani.



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 2 Replies

Mohammed Ameenuddin (Sr. Legal Manager)     07 June 2013

Hi Mani,

Please check the early termination clauses in the Agreement if agreed.

 

Mohammed  Ameen.  

Nandhakumar Mani (Senior Analyst)     07 June 2013

Hello Sir,

Thank you for your reply. In my agreement there is no mention about early termination clauses. This was prepared by the broker and below are the only 2 clauses related to Termination and Security deposit.

## The lessee has paid a sum of Rs. 1,50,000/- as security deposit. The same amount will be refundable at the time of termination of the lease and this amount shall not carry any interest.

## The Lessee shall vacate the schedule premises on a two months notice from the lessor. Similarly the lessee can vacate the schedule premises after giving 2 months notice to the lessor.

Now I feel that both the broker and the owner are trying to grab money from me together. The broker visited my house yesterday and gave a list of account verbally that they will be reducing from the security deposit which includes the electrical plug points etc that they added before I moved in.

Please advise me how to proceed. Once again I thank you

With regards,

Nandhakumar.Mani

 

 

 


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