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RaghavKend (CA)     24 February 2011

Unjustified demand from Landlord

Hello,

We are tenants living for rent in Bangalore. We entered with an agreement with the landlord for rent of his house. This rental agreement was not registered in the Office of the Registrar. The landlord stays in the first floor of the same premises while we live in the ground floor.

The rentral agreement expires at the end of this month (Feb). We have communicated (on 22nd of this month) with the landlord that we shall be vacating the premises one month from now (22nd of March) as per the agreement. The landlord did not communicate anything to us other than agreeing to what we said to vacate the premises.

The landlord is thinking of holding one month's rent as well as demanding the premises to be newly re-painted and cleaned. We learnt about this when they had communicated about this to somebody but not to us. These two issues are not in the agreement. What are the legal remedies? 

We are feeling harassed and we have never encountered this kind of unjust demands anywhere. What is the remedy for this? If he decide to go to police or court, what shall we do? Can the Landlord demand like this at the time of vacating? As tenants we are not aware of any kind of protection that could be provided to us from such greedy landlords.

Please help.

Thanks

Aggrieved tenant



Learning

 4 Replies

Bharatkumar (ADVOCATE )     24 February 2011

Landlord party right on his property. His right to vacant this proprty but he has given a notice u first. Otherwise u meet him and discuss about your problem and thenafter he has not agree with u he file a suit against u and u fight him at court, but u read unregistered rental agreement first for give proper reply and if u give a rent by checque and receiive a receipt from Landlord u mention in your reply.

Ram K (Manager)     24 February 2011

under the transfer of property act when the lease agreement with the party which is not exceeding 11 months need to be register with the Registrar. first you nee to check whether by orally or in written you have accepted the terms. in general in bangalore the land lord are act on this way only. if they painted when you are entered in the premises on humanitarian ground you need to accept else you can demand for refund. if the terms are not clear you may file a suite under the consumer tribunal. before that you need ensure  whether you have all evidencing doucments are available with you in original to safegaurd yourself.

S. CHANDRAKANTH (ENGINEER)     01 March 2011

Hi Solomon, This is a petty issue.  And i hope this practice is prevailing in and around bengaluru.  Calculate how much you are going to spent for painting of the house and how much you will spent when you go for arbitration?  You must realise that your land lord should be a genuine person that is why they have indirectly communicated their requirement through a third party.  I have seen lot of landlords who talk like slapping on tenants face.  So i hope you can solve your problem just by interact with your landlord. Best wishes.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 March 2011

Do not worry about police , you can not be evicted. Take proper legal advice and file a case in court ahead of your landlord.

The law is in  favor of tenants , just because proper care is not taken from initial stages and hence tenants may  face problems. Following are important situations and if proper care is taken landlord or tenant can benefit from it.

1)     Tenant should pay  rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , tenants  will get protection from court by filing suit for fixation of standard rent by the tenant.

3)     If there is no lease agreement or it is not registered the harm will be more to landlord than the tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and major structural changes in premises without legal permission. Tenants by taking proper precautions can avoid these traps.

6)     Landlords seek possession for personal needs but they have to prove that landlord  will have more difficulties  than the tenant than only eviction is possible on this ground., otherwise not.

 

 The landlord can not evict any tenant by force , he must get an order from the court for eviction.

7)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help tenant to take its benefit and the landlords to avoid it.

8)     You must take assistance from  hard working and expert legal person since the beginning. Once the initial steps are lost no  body can help you. Most of the landlords and tenants just  do the reverse . They take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done .

9)     It is a myth that law and courts are in favor of landlords. Read any Judgment in favor of landlord even up to SC and you will find that the tenant lost because he / she or their advocate did not take proper steps at initial stages.


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