I had taken an apartment on rent in February 2018. I paid 1 month rent as well as deposit in advance even before rent agreement was signed by my landlord. I signed and sent the rent agreement to landlord for getting her signature. After completing formalities from my end, I shifted to the apartment. When I did not get the copy of signed rent agreement back from my landlord even after a month after I sent it from my side, I started following up with her for the same. She kept giving some random reasons and kept delaying the agreement. Shortly she informed her (within a month of me and my family shifting to her apartment) that due to some personal reasons, she needs her apartment back. I was shocked to hear this and requested her to avoid this situation and let us stay (It is very difficult to shift family and belongings so quickly). She then promised to resolve the situation. In a few days she informed us that the issue at her end is resolved and that we can continue to stay. However, again, within few days, she said we will have to vacate the house. Due to this continuous flip-flop, we have now finally decided to shift to another residence. Due to her constant flip-flop, we lost the trust on her. And hence did not pay rent to her for last three months. The landlord has not shared the valid rent agreement to us yet. We have now informed her that we want to vacate the house. We have sought shifting expenses of Rs. 10000 from her as compensation for having to shift our belongings for no fault of ours. The landlord says we should pay the outstanding rent. However, we have informed her that the deposit lying with her takes care of the outstanding rent amount so far. We have also informed that we have no intention of continuing to stay in her apartment beyond the period till which our deposit is sufficient to take care of the outstanding rent. With the above context, I have following queries 1. Whether we are liable to get the compensation as claimed by us 2. Whether not paying rent under above mentioned circumstances make us an illegal occupant 3. The landlord has not been fair with us (not sharing rent agreement, not letting us stay for no fault of ours). So what legal action we can take against her.
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1. Yes. But that would require you to file a civil suit for damages and the legal expenses are doing to be more than the amount claimed.
2. Not really. But, you could have given due noticr to the landlord that the rent can be adjusted in lieu of security deposit, which you didn't.
But, now that you've vacated ,your dues can be set off with your security deposit.
3.You can file a suit for damages against her for the losses suffered by you dur to her wrongful acts.
1) landlord will rely upon rent agreement signed by you
2) you have to give notice as provided in leave and licence agreement
3) you can seek to adjust rentals against security deposit and vacate the premises
4) you may not get compensation sought by you
5) amicable settlement is best option
6) litigation is an expensive proposition
Thank you for your revert. On my question number 2 * We have not vacated the accommodation yet. We have informed her on email that we want to vacate the apartment provided she gives us compensation * We have already informed her that our outstanding rent can be adjusted against the security deposit and hence is not payable The security deposit that we have kept with her will be sufficient till 15th June. However, she keeps informing us that we are illegal occupant. So, 1. Are we illegal occupant as per law? 2. In the absence of valid agreement copy signed by landlord, is is necessary for us to give one month notice to vacate the accommodation ?
You are not illegal occupant as you have duly signed rent agreement and paid security deposit
2) you must be having copy of agreement sent to you by email
3) your correspondence exchanged with landlord would reveal that you have Sent her agreement duly signed
4) serve one month notice period and vacate premises
1. You are not an illegal occupant as per law., as stated in the previous thread too.
2.Since you have already signed the lease agreement, you'll have to serve one month notice period as you would be governed by the said agreement which you have signed.
Once the landlord accepts rent from you or adjusts it against your deposit, she has accepted you as tenant. So you cant be called illegal occupant
Landlord has not signed agreement. So it will be difficult to get compensation
With the above context, I have following queries
1. Whether we are liable to get the compensation as claimed by us
Generally no such compensation can be claimed because it is you who are vacating on your own.
2. Whether not paying rent under above mentioned circumstances make us an illegal occupant
Yes,because the consideration rental payment regularly for the premises taken on rent.
The landlord has not been fair with us (not sharing rent agreement, not letting us stay for no fault of ours). So what legal action we can take against her.
If you are not comfortable then you can vacate the premises.
You cannot take any action against the landlord on such things until they have harmed you or insulted you or abused you.
However, she keeps informing us that we are illegal occupant. So,
1. Are we illegal occupant as per law?
If you have communicated your decision to vacate the premises and have agreed for the rent to be adjusted from the security deposit then there is no question of illegal occupancy.
2. In the absence of valid agreement copy signed by landlord, is is necessary for us to give one month notice to vacate the accommodation
If there is no agreement then there is no condition, hence you need not be bothered.
Sir you cannot demand money from her.
Simply request her to deduct the rent amount of past three months from the security deposit and then refund the balance amount.
After all these are settled on her individual letter head ask her to record all the incidences of these months and the fact that she has deducted the amount of rent from your security deposit and get the same signed by her.
As your deposit is so already lying with her which is equal to outstanding rent then there is no question of illegal occupant. You can claim compensation but for that you need to approach Court
