Sir, My self Naveen , I am from bangalore. I've been living in a leased accommodation for the past 2 yrs and 6 months.The contract of the lease amounting to Rs 3 lakhs had a tenure of 2yrs which was completed on the 12th of may 2018. The owner said that she has no money to repay my lease amount and is asking me to wait until she finds another tenant t or sale the flat. Mean while i have asked for to renew the agreement for saftey purpose and she renewed and given to me for next 1 year. But simultaneously , i got problem form bank on 22/02/2019. Bank executive came and sticked notice for vacation. i have been requesting & fighting with her from 22/02/2019 to repay my money back. i told i will find other place and move. I am a family man living with my mother in law , wife and 3 year old girl child.i can't stay with my family and more over i have a small kid.she is not at all responding to me from February 2019 and i am getting fed up. After that she told i paid money to bank , u can stay.i thought it is done and i continued the same. Again 25/9/2019 bank executive came and informed us to vacate the house with in 7 days and again sticked one more notice for vacation. Bank executive told she not paid any single penny to bank from last 2 years and bank going to attach this, so you have to vacate this immediately. I called owner and informed the same. she telling i am doing drama to get my money back. i told the bank executive to call her and inform and he done the same. Now i am in trouble , Owner is not paying money to me , and i have asked and requested her so many times. and other side bank issue, i have to vacate. I don't have any hold on the owner if i vacate the house. But bank people told with in 7 days i have to vacate. I need your advise to get my hard earned money from her. kindly let me know how to reach you , and i will contact you. Regards, Naveen .
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let bank obtain court orders for vacation of premises
2) your agreement is renewed for further period of one year .
3) in case bank takes legal proceedings rely upon your agreement that you have renewed agreement for one year and paid Rs 3 lakhs to lessor
Sir , If bank attached this property , How i can stay further ? Kindly advise
1. Send a legal notice to the owner, to settle your deposit money forthwith.
2. Let the owner request the authorities for sufficient time to resolve the issue.
3. Take a Cheque equivalent to the deposit amount from the owner.
Inform the bank that you are a lessee under the house owner, seek time to vacate the premises. Failing which, approach the civil court and obtain an injunction against the bank from forcefully evicting you.
Alternatively you can opt to purchase the property from the bank which the bank is proposing to auction in order to recover the dues against the said property.
You can book a phone consultation with me online and then we can take this forward if found necessary.
You need to recover the same through civil suit. The bank will take it's action. Otherwise you try to take stay against bank in court but it's difficult
bank would need court orders to evict you . mere attachment is not sufficient
Even on attachment, tenant cannot be evicted, your possession and stay is safe. Next time if bank executive comes, intimidate for FIR for threat to vacate. And in same time file FIR agasint owner for cheating and criminal breach of trust.
Ask him to bring court order. Tenants Can Be Evicted Only By Following Procedure Laid Down In Applicable Rent Control Laws
Dear Sir,
Because bank has secured loan by way of mortgage as such they can attach the property and put the property for public auction.
You may protect the possession if you co-ordinate with bank. More suggestions can be given in person if you meet any local legal experts with documents.
See bank cannot forcefully move you out of the premises as you are tenant and you have right till the point she doesn't pay the amount donot pay any monthly rent and donot leave the possession of the property . You can also contest bank notice before DRT as you are tenant and you have right on the proeprty of tenancy.
See bank can make symbolic possession but for physical possession they need court order that you can contest bank cannot force you out by themself. In case there is court order for possession then in that case you need to file suit to recover the amount.
Dear Sir,
Do you have any lease agreement or it's copy in which the deposit is mentioned and you have complied with the conditions of the agreement?
Or any other ways to proof that you paid the deposit amount? Any witnesses, or any written or recorded conversation?
If you have any way of proving that you have paid the deposit money you can file a suit for recovery of the money. I’ll suggest you to meet a lawyer in the city for better advice.
The lesser proofs you have the harder it gets to recover the deposit as it gives the landlord many option of defences to choose from like, complete refusal from ever taking any deposits or claiming damage and repairs to the flat, unpaid dues etc. A lawyer on scene would be able to advise you more exhaustively.
First of all, you should send him a legal notice through a lawyer for termination of contract and refund of security deposit.
If there is no satisfactory response to the notice, you should approach the court and file a suit for recovery.
- As per the Supreme Court , if the leases/tenancies are covered under Rent Control statutes then Banks may not be able to dispossess them under the provisions of the SARFAESI Act,
- Hence, as per law, you cannot be evicted without due process law, i.e. without the court order for eviction.
- You should file a suit for Recovery for the refund of seurity/deposits against the landlord , along with Injunction suit , after making the bank as a party as well.
- If, the bank official harassing , then you can lodge your complaint with the police as well.
You should refuse to vacate the property and file a suit for stay on vacation of ground of agreement done with you.
Also send a legal notice to landlord for refund of lease amount.
If landlord refuse to refund money file recovery suit against her.
