• Tenant caught in a weird situation, suggest action?

I'm a fatherless working professional, I've taken an apartment on rent by Mr.X ,i found him in online ad, maximum of our conversation took place on whatsapp; thereafter we agreed on terms & he made a rental agreement (for 11 months) as he said his brother to be a very big lawyer in Mumbai. As per rent agreement I NEFT the security deposit of rs.70,000. I'm regular in paying him rent since last 6 Months.But in that period few very troubling things happened.
- A notice from bank came that he hasn't paid his gold loan dues so they are selling all his gold.
- A highly troubled broker came , asking for him, saying he hasn't refunded the security deposit of last tenants; saying the residential address he has given for agreement ,there other tenants are living. So basically no one knows place he is residing.
- Plus the society people keep troubling me, as he hasn't paid the Society Maintenance charges for last 2 years, So basically he has 70000+ dues to the society.
-Most important of all his number is never reachable, tried calling him millions of time, he also gave alternate number, which is switched off all the time,only he gives me a call back from same number after leaving him a whatsapp message in a day or two even weeks.
Even after complaining for giving a permanent number , he ends up saying no, this is only number i have, my phone ain't working fine crap.

I'm so worried, having sleepless nights, That 70,000 is all i had , now i see them gone with such a landlord.
with no money, no father to guide, I'm highly stressed & worried on how to act further to try and get my deposit back?

-Is stop paying rent , until he my deposit gets even is right thing to do ,legally? (if i have to give a notice, what it should be?)
-Please help ,I am really caught up bad here.
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) it is necessary to peruse agreement signed by you with the licensor to advice . 

2) you have not mentioned what are the monthly rentals , whether agreement has a lock in period or not 

3)if you have not given any post dated cheques ask the licensor to adjust the rentals for last 2or 3 months against security deposit as your chances of getting your SD are bleak 

4) a licensor who does not pay society dues , has refused to pay earlier tenants SD is not going to refund your SD 

Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
Your English is absolutely confusing.  It is not clear that whether you are a tenant or he is a tenant?  Who made  the  deposit on whose name.  If you are tenant with him, what is your problem?  Are you paying rent regularly?, If he is having problems with others what is your concern with that?
are you a landlord or tenant, confirm.
Any opinion ca be given only when you make yourself clear while asking your questions here, because your question is not clear and you need to answer to all those points if you are really interested in getting proper and correct opinion to your questions and problems.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Hi sir/madam, immediately you have to stop rent paying to him and you have to issued a legal notice to him for return the advance amount to me... you don't worry all the dues upon him... you keep quiet you do not pay monthly rent. He will be come back on your way settled the advance amount to you, otherwise he will not settled your advance amount by him due to he is facing so many dues from financial institutions.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. I did not understand your actual problem,

2. Why are you so bothered if Bank sends letter to his address where you are staying regarding his non payment of dues taken against gold loan?

3.  Why should you spend sleepless nights for his non payment of dues to the Society? How many months are still left to complete the agreed lease period of 11 months?

4. You wait for completion of the lease period and if he fails to refund you the advance amount, continue to stay there without paying the rent,

5. Alternatively, you can give him notice of terminating the agreement if there is any clause of such termination before 11 months and ask for the refund of the advance amount paid failing which you refuse to pay him any rent till the entire advance amont gets adjusted with the baid advance amount paid to him by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You seem to have omitted carrying out due diligence before taking the property on rent. 

2. If you stop paying him the rent you will incur the liability to be evicted from the property. furthermore, you may also end up diluting your right to seek the refund of the security deposit by going to court. 

3. After the rent agreement expires you should vacate the property in accordance with the agreement and claim the refund of security deposit. if he does not refund the security then you will be at liberty to file a lawsuit against him. However, you will require his address to send him the lawyer's notice or court summons.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

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