Owner threatening to file police complaint if flat not vacated
Hello everyone,
I am a tenat in Hyderabad.
I rented a flat in golf edge residence society in October 2023. The person from which I rented the flat had himself rented out that flat from owner and he was renting out individual rooms in that flat.
My rent agreement is with that middle person because I didn't know he was not the owner.
Now that middle person is not returnig my security deposit as I have given him 1 month of notice that I will vacate the flat and the owner is threatning to file police complaint against me saying that I am not leaving the flat.
I just need my security deposit back and i will vacate the flat, but owner is saying that my agreement is with that middle person and owner is not concerned if I get my deposit back.
Please help and suggest what can I do if the owner brings police and asks to vacate the flat.
Asked 1 month ago in Property Law
Religion: Sikh
Thank you everyone for your answers!
I would require a consultation with you, if the situation escalates.
But I have some follow up questions:
1. What if the owner says that he was not aware of this sub letting, and the moment he got to know he asked us to vacate the flat?
2. Also, the middle person has done the same thing with 4-5 other flats in this society and when I call him or owner calls him he says that he will return the deposit, but then doesn't return
3. My biggest concern is - can the owner bring police to the flat and order us to vacate the flat? If yes, what can I do?
Because if I vacate the flat, then there would be no one to help me get my security deposit.
And can I take any help of the society manager/secretary to stop them?
Thank you
Asked 1 month ago
Hi All,
In continuation to the above dispute, there is an UPDATE on the above situation.
The landlord has served me a legal eviction notice today, 10 April 2024 and told me to vacate the flat by 20 April 2024.
As I have done nothing wrong and being a victim of this fraud with my security deposit stuck, how can I defend myself against this legal notice.
More context/background on the situation:
1. I rented out a flat in Hyderabad in October 2023. Not the entire flat but a single room.
2. The person from which I rented was himself a tenant of that flat and posed himself as owner verbally and also in rent agreement. My rent agreement is with the middleman.
3. In December 2023 the actual owner suddenly messaged me, one day and said that he was not aware that I was living in the flat as he had given it to the middleman on rent.
4. Actual Owner told me to vacate the flat and I told the middleman to return my security deposit in 1 month as I have to vacate the flat.
5. From December 2023 to February 2024, even after this situation I paid the rent to middleman, as I did not want to default on my rent payment and middleman paid the rent to owner. Please note that the owner was taking the rent even after this situation for 3 months.
6. From March 2024 onwards, the middleman stopped picking up the phone and refused to return the security deposit to me.
7. So I did not pay the rent for March Month. Now owner's lawyer has served me a legal eviction notice on Whatsapp.
8. Just to mention, this same thing is happening with my flatmate also. He lives in the other room in same flat
My Questions:
1. Firstly, is 10 days of time enough to vacate the flat as per the eviction notice?
2. Secondly, what happens if I do not leave the flat by 20 April 2024?
3. Thirdly, How and where can I put forward my part and to whom?
4. Do I need to go to police to file a complaint?
Please advice.
Asked 17 days ago