On whose name the rent agreement is made and kindly check the property details, if you could have electricity bills, property tax or water charges. In society on whose name the name board is listed.
I rented a house in Shadipur area, New Delhi on November 8th, 2019. Due to COVID-19, I had to immediately leave for Hyderabad, my home town. On June 10th, 2020 I informed that i will be vacating the house. ( Landlord was collecting rent on 10th of every month, and i have paid the rent for the month of June-2020). Immediately told them that due to financial distress i was going through, I needed my advance after July 10th, i.e one month of vacating the house as mentioned in the rental agreement. Now the house owner has claimed that he is not the owner and some other person sitting in Patna, Bihar is real house owner. The person sitting in Patna is not answering my calls. I urge the lawyers to give me some valuable advise on my legal options here. Thank you.
On whose name the rent agreement is made and kindly check the property details, if you could have electricity bills, property tax or water charges. In society on whose name the name board is listed.
Issue legal notice to landlord to refund your security deposit
2) if he refuses file police complaint of cheating against landlord under section 420 of IPC
3) also file civil suit to recover your deposit with interest
Contact a local lawyer along with a copy of rent agreement and give him legal notice. In case he is not the owner how he had been receiving rent and security. Hope a legal notice would suffice the purpose otherwise after legal notice you have to file a suit for recovery. Since this is a dispute of civil nature, taking help from police is wastage of money, time and energy. Take step in the right direction. Good luck.
Dear sir,
You can get issued a legal notice demanding the dues. When that person has been accepting the rent all the while, he cannot deny to return your advance now. All this while he was acting as an agent of the landlord and as such you can claim your advance from either him or the person in Patna or both.
Mention in the legal notice that it he doesn't return in 15 days you'll initiate criminal and civil proceedings against him.
If he doesn't return even then, you can lodge a complaint for cheating and criminal breach of trust at the police station, and file a suit for recovery of money.
However, since the advance amount in Delhi is usually just 1 month's rent, I am guessing the amount won't be much. Therefore, it to would be better if you try to settle the matter outside the court.
Best wishes.
You issue a legal notice to the owner who has entered into the rental agreement with you.
You inform your intention to vacate the house and demand return of the advance amount.
After that you may resort to legal action through court of law.
Dear sir,
The person who has signed in ur rental agreement is ur owner based on which do please serve him a notice for payment of deposit amount if not willing then you can also file a suit for money recovery against the owner!!
1. Refer to the agreement you made with landlord to find out the ownership issue
2. Even if the actual owner is different this man on acceptance of rent acted as his agent and hence liable for all actions.
3. So send him a legal notice and then lodge complaint with police about cheating.
See if the owner has failed to give refund amount back you have to serve legal notice for refund of the amount in case he fails to refund same on notice you have to file suit to recover the amount before the civil court.
Dear Sir,
Get issue a legal notice to both saying youy will a recovery suit along with compensation of Rs.5 lacs in Hyderabad towards mental torture as you belongs to Hyderabad and same is mentioned in your agreement so cause of action arise there also. Till refund keys should not be handed over.
You shouldn't leave the house and exhaust your advance given and then leave the house. He cannot evict you unless he returns you the advance.
You need to inform him that you have vacated the house and need your deposit. Immediately nothing will happen in legal form now due to lockdown. You need to contact the owner and try to resolve amicably. If not then you need to file suit and recover the amount.
Please approach an Advocate to issue legal notice to both and serve them on whatsaap, Instagram and Facebook which is being allowed by Supreme Court of India In a recent decision paased.
Please approach Police Station for filing of FIR against first one to file cheating charges against him under section 420 ,467 and 471 of I P C .
Thus you have both Criminal and Civil remedy against first one and Civil rights against second one.
I really apologise too all of you. I'm unable to find my rental agreement. Will the receipts of the electricity bills i paid be valid?
Dear sir,
Ask the owner one copy should be with him , if not you will be in a problem without any evidence !!
This is ridiculous, first give him notice of 15 days and thereafter file a case before the consumer forum for deficiency in service.
Whose name is appearing on the electricity bills New Delhi Person with whom had interaction or Bihar person name ?
It will be valid but rental agreement will be required. If it's registered you can get it from registrar office
- As per law, if a tenant wanted to vacate the tenanted premises before expiry of the rent/lease agreement, he should give a notice according to the terms of the agreement.
- Further, the tenant and owner are legally bound with the clauses mentioned in the agreement /contract.
- Further, if the notice period for termination is mentioned is one month, then the tenant has to inform one month prior about the termination.
- Further, if the tenant doesn't want to pass/over the notice period, then he should pay rent for the notice period.
- Further, the landlord should refund the deposited amount to the tenant if any, after making sure that there is no dues towards the tenant.
- You should send a notice for termination and vacation of the tenanted premises on the address , where the landlord was earlier residing , and also of the address as mentioned in the electricity bill and the rent agreement.
- Further, if no response , the file a Recovery suit for getting the security amount refunded.
Yes, it may help you if it was registered with competent authorities under LL agreement executed between you and so called land lord.
he rental receipts and the electricity bills can support your claim for establishing landlord-tenant relationship, however you can mention that the original rental agreement or the copy is held by the landlord and can ask him to produce the same before court by filing a petition before court in this connection.
issue a legal notice through an advocate and file Cheating Case against him and also file recovery of money suit along with interest.
Dear Sir,
The said rent receipts are enough proof that the you have paid the rent and as per the agreement. You may serve him an advance notice of vacating the premises and leave that premises. Please intimate that person that you have been payment and communicating the said person and that's that person should only take the responsibility.
You need to find your rent agreement if that agreement was signed by person who were taking the rent from you and now claiming that someone else is owner of house and he cannot refund the money then you can lodge FIR for forgery against that person for execution of agreement Without any authority and done fraud with you by impersonation.
You can also send him a legal notice through your advocate for recovery of advance paid as security deposit and file recovery suit against him.