Disputes with Owner on vacating house
I took a house for rent under Leave & License agreement for 11 months in 2012-13. After completion of 11 months we decided to renew agreement for 2013-14. As owners stay in US, I sent renewed agreement for signature along with rent receipts. My owner declined to sign rent receipts and dragged argument till I missed my HRA proof submission dates. Finally she escaped saying she was US permanent resident and cannot share her PAN details with outsiders.
Fed-up with my owners behavior we decided to vacate house and informed her as per clause in agreement (clause says we need to term one month notice period). My owner accepted our notice to vacate house, but they want to return our advance after they visit India and inspect house for any damages. They are asking me to return keys immediately after vacating house, but not confirming date for returning my advance. I came to know from neighbors that she cheated old tenants also by delaying advance payment. I offered my owner different options like having Apartment committee members as mediator for vacation process. She is not interested with any options suggested by me and she is sticking to point that she will return money only after I vacate house and after their inspection. And I don't want to vacate house without taking advance as I need this advance as rental deposit for new house.
My owner claimed her as solely owner of house in agreement, where as electricity bill and notice board contains her husband name as owner.
Do I have any option to issue legal notice to my owner? As rental agreement not executed on real owner of house, what options I have if they vacate me forcefully after my notice?
All transaction are wired and all conversation are through mails, do they add any value for legal procedures?
We are not paying rent and maintenance from this month due to disputes, does this affect me any way?
Asked 4 years ago in Property Law from Bangalore, Karnataka
only the owner of house can give premises on leave and license . if however she has a power of attorney from her husband the lady could have given premises on leave and license to you . it is necessary to go through the clauses of agreement signed by you . if agreement mentions that you can terminate agreement by issue of 1 month notice you can do so . the licensor can inspect the house for damages and you can vacate the house and receive your security deposit .
you can contact a local lawyer and issue legal notice to licensor that you are willing to vacate flat on expiry of notice period and to please inspect the flat and return the security deposit .
even if licensor takes legal proceedings against you it would be long drawn process . emails exchanged between parties are admissible in evidence .
in the alternative you can vacate the premises and sue licensor for return of your security deposit .
if the security deposit is substantial inform the licensor that since he has failed to return the security deposit in spite of your willingness to vacate the premises immediately you shall continue to remain in possession till security deposit is adjusted against the rentals . contact a local lawyer before taking any decision as the agreement signed by you has to gone into
You follow/what is mentioned in agreement if she does not
' give security back live for that period and than vacate.
Advocate, New Delhi
u can issue legal notice and demand compensation with ur advance amount and u can also give complaint to police for assistance u can contact me
you can issue legal notice to your owner. however, your rent agreement needs to be scrutinized to decide what is to be done.
Issue a notice conveying your need for advance amount at the time of vacating. Alternatively inform that you will be staying on the property without paying rents which shall be deducted from the advance amount including the maintenance charges that you are required to pay. Additional inconvenience that can be quantified as loss in terms of money can also be informed to the owner and the same can be added to the advance amount. Engage a competent lawyer and carry forward the legal course of action carefully.