• Owner refusing to return the lease amount after expiry of tenure

Hello people,

This is Akshay, i'm residing in Bangalore. I've been living in a leased accommodation for the past 3 yrs and 2 months. The contract of the lease amounting to Rs 7lakhs had a tenure of 3yrs which was completed on the 25th of Feb 2016. The owner however now states that she has no money to repay my lease amount and is asking me to wait until she finds another tenet to fill the house. 

I have been pushing her for returning my money from the beginning of Feb, and she just keeps giving me different dates stating she'll return my money, but on the day, she come up with some reason to push the dates forward again. Unfortunately, the last time we spoke, she assured me that she will give me my money by the 15th of April and keeping that in mind, i took up another house for rent and have paid the new house owner the advance as well. 

i got a new job about a year ago and have to travel 30 kms one way from this old house to get to my office, i had to rent a new place to make it more feasible for me to commute on a daily basis. This is the reason i looked and found a new place and even paid the advance thinking i will move in as soon as i get my money back.

My old owner now says nothing has come through and she can only pay me my money once she gets someone else in. i dont know how to proceed with this matter. I even tried telling her that i will file a case for legal action to be taken and she revolted back asking me to go ahead, she even threatened me stating that the case will go on for years and i'll never get my money back. 

I'm in a very desperate situation, where my mother is unwell and had to go through an operation in Feb. I have borrowed money for the operation thinking that i will return it as soon as my money is given back to me by this lady. I'm paying interest on this loan that i've taken every month. I was being nice and dint want to create a scene, but this owner seems to be taking me for a ride. 

THis owner is a widower, and a mother of 2 young boys. The elder one i think has dropped out of college and is not employed and the younger one is just going to step into college. She has no source of income for running her house. That being said, she owns 3 or 4 plots of land around and this house which has 2 floors. i live in the ground floor with my mother and brother, and she stays on the first floor. Let me bring to your notice, that although this lady is a widower, she is not subtle or approachable, she harasses us, shouts on top of her voice to make a point and is very abusive when i try to talk to her. She doesn't answer her phone calls when i try calling from my number and tries and avoids confrontation as much as she can. 

I suggested her to take a loan against her properties or the house and give me my money, but unfortunately she says her properties are under some litigation and the house is on her father in law's name who is no more, so she cannot get a loan. 

I'm in a very desperate situation, where i've taken loans, agreed on a new house for rent, and paying interest every month while my money is stuck with this landlady. I dont know how to go about this, sometime i feel like just givning everything up and killing myself. i want to know how can  i pursue getting my money back and solving all my problems. 

Anyone who can help me deal with this, or suggest how i can go ahead please do drop me a mail on av4925@outlook.com or let me know how to contact you all i'll back.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Other
1) issue legal notice to widow to return your security deposit of Rs 7 lakhs within period of 15 days of receipt of notice 

2) if she fails to pay file summary suit under Order XXXVII of CPC   to recover your security deposit 

3) you would get orders calling upon widow to deposit amount in court within period of 1 year 

4) if widow does not have any defence you can get decree within one year 
Ajay Sethi
Advocate, Mumbai
37828 Answers
2120 Consultations

5.0 on 5.0

If your money is stuck with this lady, and if she cannot repay back your money until she finds another tenant or lessee, then solve this dead lock by hiring an agent who can find another lessee, this will solve problems for both of you.
The legal approach in such a tight situation will only worsen your situation as this is long run and therefore by the time you get a solution it may not serve your purpose at all.
use option 1 stated above, put your energy and strength to get a lessee, if this is done, collect the money directly from him/her and put them in possession of that house (occupied by you) and the rest of the money you can give to her after paying the commission to the agent or broker.
Kiran N. Murthy
Advocate, Bangalore
922 Answers
84 Consultations

5.0 on 5.0

Demanding the return of security  amount by issuing a legal notice is the first step taken by you. 

If the landlord is not returned the amount then filing a civil suit for recovery of security amount is the second step in front of you. The same time filing an attachment petition.
Ajay N S
Advocate, Ernakulam
2527 Answers
33 Consultations

5.0 on 5.0

damage clause is bias and shall not sustainable in court, you can file a suit under section 73 contract act for damage. however you can contact a agent for hiring a tenant but you are not bound to do it. she is bound to return your money. you must send a legal notice regarding cancellation of contract and return of money, 
Shivendra Pratap Singh
Advocate, Lucknow
4713 Answers
67 Consultations

4.9 on 5.0

Hi, First you have to issue a legal notice ask her to pay the lease amount, if she did not pay the amount then you have no other options you have to file suit for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4444 Answers
188 Consultations

4.3 on 5.0

Issue a legal notice to the owner to claim the refund of deposit, and follow it up with a suit for recovery if she does not honour the demand made in the legal notice. This is the simple and only remedy available to you.
Ashish Davessar
Advocate, Jaipur
21674 Answers
591 Consultations

5.0 on 5.0

The house owner lady may say that she will not be bothered about any legal case, but that does not bars you from taking any legal action against her.
As the expiration of  lease period approached you should have made your intention to not to continue the agreement  clearly in writing and asked her to return the advance amount held by her.
Now since you have already vacated, you have no option than to fight it out from outside.
Issue a legal demand notice asking her to return the amount within 7 days on receipt of the said notice after which if she fails to comply with the demand made, you should not waste time and file a money recovery suit against her.  Subsequently you can also opt for lodging a criminal complaint against her for her criminally motivated activities by abusing you and threatening  and also refusing to return the amount with an intention to cheat you etc.  This action taken simultaneously shall make her to think about the situation and would prompt her to look for some way to settle  the amount at the earliest.
T Kalaiselvan
Advocate, Vellore
27785 Answers
289 Consultations

5.0 on 5.0

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