My parents staying in one rental home at coimbatore.they are staying more than 10 years.Intially property with owner and later it was sold to another one.this transaction was happened before 5 yrs.,At present this owner behave very rude with old tenants.last week my mother complaint about maintenance work of that flat to owner when he visited to flat.for that he answered very rude and he warned my mother to vocate the home otherwise he will inform to police to vocate the home.Now they got new home for rent in same area.but now present owner refusing to pay deposit .he is saying agreement terms 2 months.we have paid advance to new house.pls give your opinion to handle this case
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1) Police cannot force you to vacate the house
2) it is civil dispute and eviction suit has to be filed
By landlord
3) your parents are entitled to return of security deposit when they vacate the premises
4) issue legal notice to landlord for return of SD when you vacate premises
1. The police can't evict a tenant. So ignore such threats.
2. The security deposit on expiry of vacating the premises is yo be returned to the landlord.
3. If its not done you can lodge complaint of cheating and criminal breach of trust.
4. Once you lodge such complaint you would soon get your money back.
But as per agreement it was mentioned 2 months before we should inform .but we have informed in last week only about vocate of this house.My mother was very upset about his words that's what she was taken another home.pls give opinion.
You have to give 2 months notice
2) if you fail to give notice landlord will adjust security deposit against notice period
In that event before expiry of 2 months you can't get the money back.
RESPECTED SIR ...
IF you have sigened any aggrement with the owner you have to follow the terms and condtions which were mentioned in that contract ...if you have not informed them before 2 months then you will have to pay for those two months and if you don't want to pay you can give him a valid resson to him through a legal notice and ask him to refund the pending amount else you will file a civil suit against him....you have also this a valid resson of his rude behave ...but you have to extand it a bit such as he abused your parents and try to slap him etc...these are the point to mentioned in legal notice ...to put your part strongly....
Thanku
Since it is a civil dispute police can not force you to vacate the house. Eviction suit has to be filed by the landlord.
If the security deposit is not being refunded then issue a legal notice to the landlord for refund of the same.
Also you will be required to the notice period of two months failing which your security deposit will be adjusted by the landlord.
Regards
Dear Friend
Following are the options you have now-
1. File a police complaint for criminal breach of trust and cheating.
2. Send a legal notice through lawyer. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.
A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.
And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.
Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
At last i just want to say that human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
You do not have to follow agreement conditions when the present owner is rude behavior.
First of all, you should serve him a legal demand notice in which you can give him 15 days period for repay the deposit, if he fails then you can opt for the civil suit in court of law.
Send a legal notice to him seeking refund.
Do not vacate, until he does not refunds the deposit.
You dont vacate the house without getting the advance amount refunded.
You can issue a legal notice demanding the refund of the advance amount
He cannot go to police and the police cannot interfere in the civil matter, hence your parents need not be worried about this.
If the house owner is torturing or abusing they can approach police for this behavior against the owner.
But as per agreement it was mentioned 2 months before we should inform .but we have informed in last week only about vocate of this house.My mother was very upset about his words that's what she was taken another home.pls give opinio
The agreement may not be in force since your parents have been staying in the house for around 10 years and if the agreement has not been renewed periodically.
So she should not pay heed to agreement conditions if the agreement itself is invalid.