• For lease related house

After i hv stayed a lease period of 3yr at 2,50,000,I hv renewed for my 1bhk house for extension of lease period 2yr in channasandra area with additnl amt 1,00,000 in 2016.but we faced lot of pblm in thr house as owner is not good as feedbk gvn in entr colony after we entered.so we thought of vctng house evn if lease period is thre pf 2yrs.but he paid 3,00,000.rest amt he didn't pay n tellng to frst vacate the house n will chk damage things n thn will pay after deduction.but after vacating he played the game n didn't pay.teling I wil deduct rent of 10000,color chrge 10000,damge claning charge 5000. I filed case in cvl matter as police told we cant handle all these cases.so my question why he want rent as the bond paper is of lease.he must nt minus this amt .so suggest me kindly as of high esteemed to the all the department of law n justice
Asked 4 years ago in Civil Law

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12 Answers

If there is a written lease deed then both of you are strictly governed by its terms and conditions.

So refer to the deed and check if the landlord had the discretion to deduct any sum of money on these grounds.

If no,then his refusal to refund the said said sumofmonye isboth civil and criminal worng.

In that respect you can lodge complaint with Police of cheating.

Once FIR is registered you can see refund within a reasonably short time.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

It is necessary to peruse terms and conditions of lease deed signed by you

2) you are not bound to pay painting charges ,rentals unless there is clause in lease deed to that effect

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

If cheque is dishonoured you can file complaint under section 138 NI on account of dishonour of cheque

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You have a strong case. You can get back the amount. Just get issue a legal notice. The landlord cannot deduct the amounts as he wish. For more guidance please visit my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

Police will not help you in this regard.

You need to file a money suit for recovery of your due amount in the civil court.

The court will order the payment of out standing amount and interest there on including the litigation expeses.

Please send a legal notice to your landlord.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Send a legal notice to the lessor and seek all your refunds in terms of the lease agreement.

He cannot make any deductions in the name of colouring, cleaning etc., in case the same is supported under the lease agreement.

Any deductions has to be in accordance with the stipulations contained in the lease agreement and not otherwise.

As advised, send a legal notice seeking payment of your dues.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

File a case for recovery of money based on the document you have lease deed and you may have to produce all the documentary proofs before the court.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

There are two things one is mortgage deed and lease agreement. If you paid him lumpsum amount then it's mortgage deed. Hope it is registered or you may have to pay 100% stamp duty. If it's lease agreement you will be paying him monthly rent. There is no word as rent in transfer of property act. Since you filed a suit for recovery of money you can get back entire amount.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You have to file a money recovery suit in the civil court which you have rightly done.

Conduct the case and place your merits and arguments convincingly before court to win the case.

You are right that in lease agreement there is no question of payment of monthly rentals especially if there is no mention about this in the lease agreement.

You can utilise this position in your favor.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Thre is a lease deed of 2yrs as un extension.but due to certain issues I planned to vacate n he got agreed with another new tenant of lease in the same house.vut its nt mentioned in the deed about any rental .so he had also bounced one of the chq he had issued.so I made a magistrate court based civil criminal case agnst him...

There is nothing wrong in filing cheque bounce case as well as money recovery suit simultaneously.

You can proceed.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You need to show the same in court that he has deducted illegal charges from you. You can show that nothing was there in the lease agreement.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

Then you have to file a FIR against him for the said illegal acts

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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