• Regarding tenancy

Dear Sir/Madam, I have rented an apartment in Chennai for the purpose of my father treatment and my sister education. I was told to transfer advance of 3lakhs rupees before signing agreement and rent of 24, 500 per month which I accepted and did. Agreement was put after 10 days with 25,000 as rent and lot more clause in it. I was bound to sign it and paid rent correctly for 6 months. Now I wanted to vacate and intimated the landlord on 3rd August but he says he would take six months rental amount from my advice. I am extremely frustrated with my father's leukemia treatment (blood cancer). Someone kindly help in getting advance from him. I gave police complaint and have a CSR but I feel he moves on parallel track with them.
Asked 7 years ago in Civil Law

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6 Answers

1) there must be termination clause in your leave and licence agreement

2) generally there is clause that you can terminate leave and licence agreement after giving one week notice

3) after you vacate and landlord does not refund security deposit of Rs 3 lakhs file summary suit to recover your money

4) also file police complaint of cheating , criminal breach of trust against him

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

No Offence of cheating has been committed by you

2) it appears that landlord has cheated you as he is not available at address mentioned in agreement . Further flat is in name of third party

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

You have to pay him rent for period of 2 months as per your leave and licence agreement

2) you are not liable to pay rent for period of 6 months

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Dear Sir/Madam, I have rented an apartment in Chennai for the purpose of my father treatment and my sister education. I was told to transfer advance of 3lakhs rupees before signing agreement and rent of 24, 500 per month which I accepted and did. Agreement was put after 10 days with 25,000 as rent and lot more clause in it. I was bound to sign it and paid rent correctly for 6 months. Now I wanted to vacate and intimated the landlord on 3rd August but he says he would take six months rental amount from my advice. I am extremely frustrated with my father's leukemia treatment (blood cancer). Someone kindly help in getting advance from him. I gave police complaint and have a CSR but I feel he moves on parallel track with them.

The demand by the landlord is illegal and invalid.

He cannot make the contract conditions suiting to his taste and can demand things invoking unilateral conditions.

This can be challenged by first issuing a legal notice.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

The name in the EB card of the apartment is different from the landlord name in agreement. He says I have hidden the reason of my father treatment from him and he calls that as cheating by me. His address in the agreement is not his residence and the police says he is not available in the address. Seeking the help of good hearted legal advisor. I am a government doctor in Tamilnadu. Thank you

The police may not be cooperative for the reasons known to you.

Hence you may approach the city commissioner of police with a similar complaint with a request to direct the local police to initiate proper investigation into your complaint and legal action against the landlord.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

As per this two months advance notice mentioned in the agreement , do I need to pay him rent for another two months. If I don't pay rent for this August, does it mean I violate the agreement? Because he has mentioned in the agreement that violating the agreement would mean losing 6 months rent. Thank you, sir.

He may tell lot of things but they cannot be termed as law.

I think he is trying to take advantage that he is local as well as that you being a doctor and gentle by nature, he can put pressure on you using his police influence.

Dont give it up.

His fake address, a different name in the EB connection and non-production of title document to prove his ownership can be used against him in the court of law if this matter is taken up through court for recovery or any other relief.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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