Hello, I have kept some information hidden for privacy sake. We are in a dire situation. We opted for a flat in Malad, Mumbai for rent via an agent. We have some strict requirements and we kept stressing that we need house clean and all work done as we will not have time to do so after we move in. We stressed it no less than every time we met or talked. we were given 100% golden promises that everything will be according to our need and the place we are going to is a 5star level service area. We wanted to verify everything before moving in . we did visit the house twice . it was not ready then. the owner never came into the picture!! the agents alone showed us the house. we wanted to verify the condition finally but they said JALDI KARO JALDI KARO . and made us pay 2 lakh deposit and pay 1 month rent, rs. 38000 and brokrage rs. 20000 . once we moved into the house it was a complete shocking condition. the house was not clean at many many number of places. there was a lot of work needed to be done . A LOT of . water was not hot as promised. and there were leakage and plumbing faults there were only 3 fans and 4 tubelights installed and rest of the elec points(a lot) were hanging naked wires. (its a hifi building and we are paying a good amount) the building has fixed services by fixed men . no outside ppl allowed they were not giving services. they always had to be begged for some electricty plubming or some other isseu main door lock and kitchen door lock were not working they key was not handed over on time countless others issues some how we started mananging and then there was this HUGE ISSUE with one bedroom floor . it was making huge sound as if about to break. this was stirctly against our requiremnt . moreover we do not have time or energy or money to get this fixed for the house we dont even own the owner is completely out of the picture still and never visited us or the house. on agreement place she came and just gave signature and left. she did not talk to us. some other person handled things for her we kept complaining to agent and building service for the things we needed to start our life here. but it was no use. agents were happy after receiving money and did not bother showing us face at all after 7 days there was a huge scene in the building when they stopped alloweing the use of elevator without an access card . we are at 32 floor . they did not give anyone the card beforehand . that whole day was spoilt as we were unable to use the elevator . asking for passcode in office we were refused and not treated well. which resulted in we scolding them very angrily. this was clearly taken personally by them . even though we did not do anything out of limits and did not abuse anyone. finally to take revenge against all the trouble we were causing by being angry and complaining to everyone THE most shocking thing was done : 9 people including a self proclaimed owner (later we found out she was owner's sister in law) entered our house and started misbehaving with us . they started crazy accusations that we are breaking house things and lot of other false claims. they treated us very poorly . we are only 2 ppl in house . they were 9 . most importantly they did not inform us prior . also the person who came and spoke like owner WAS NOT EVEN owner. due to common courtesy we did not claim anything then. both agents were also with them finally the lady whichi was calling herself owner said rudely that she is not responsible for the floor damage as we might delibarately do it just to spite her. she cheaply even said that we are not even allowed to put nails on the wall to hang the towel ( i guess were not supposed to take bath in this hi fi house) we cannot accept such misbehaviour and accusatsions that too after paying the huge money on time. after that chaotic scene which was created. no response was further received from any of the party while we wait with a floor which might break anytime soon and no house conditions repaired . not even hot water yet . We do not want to take any strict legal action . we are simple people but this is getting torturous and abusive to us . moreover we are being treated like beggars while we have paid the amount fully before time. some key points: 1. owner details are still not with us . agents have delibratedly hide them from us. even the lady who came to us as owner (although she wasnt) left without giving her contact details 2. the number of false promises and the times they ignored us after we moved in are not 1or2 . they are many many. still not fulfilled 3. the house is STILL NOT in living conditions today and we are not sure about owner/agent motivations( they have fully ignored upto 4 of our emails) . whether they will be willing to mutually terminate contract or agree to our very fair terms . including the floor damage responsibilty is not ours . it was damaged since start . the full floor. or whether they will allow us to peacefully shift some other place with our security deposit. there are many other aspects and issues please advice. any other info will be provided if i miss something but can use some advice as i dont know many laws and im new in the city
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Lawyers are available now to answer your questions.
1) do you have copy of leave and licence agreement?
2) is it registered?
3) what are the clauses in agreement relating to termination of leave and licence agreement .
4)issue notice as provided in agreement for termination of leave and licence agreement
5) mention reasons why you terminating agreement
6) vacate premises on due date and seek return of your security deposit
7) if owner fails to pay file summary suit for return of your security depsoit
hi thank you for replying 1 and 2. yes we have agreement and it is registered 3. it has a lock in period for one year. anda it says : In case the LICENSOR OR LICENSEE wants to terminate this agreement before the expiry date they can do so by giving 1 month notice in advance in writing after the lock in period. In case the Licensee wants to vacate the premises during lock in period he/she has to give two months rent / compensation as penalty. 4. we can issue notice . but by no means we are ready to let go that 2 month rent penalty. here is the thing . we dont want to leave. we definitely dont have time and energy to do that . so much work is already pending for us. this is not a game ( and owner taking advantage of that) owner is refusing to take basic responsibility of the house. the currently condition of the floor is not normal wear and tear and we shall definitely not should be repsonsible for it. if the owner takes a gurantee of the floor (which again is not under normal wear and tear like agreement says ) and fulfills some basics requirements which she must like hot water supply which is pending and some eletrical faults (all total expenses are no more than rs. 15000) . WE ARE MORE THAN HAPPY to continue here. otherwise this contract should be terminated mutually . why should WE PAY 2 month rent penalty for lapse on owner part. we dont want to leave. ! we waste our time , our energy our money in shifting again and also leave 2 month rent to that irresponsbile owner??? (and the owner is currennlyt hiding and waiting to usurp this 2 month penalty, that we get frustrated and give notice), otherwise spending rs. [deleted] one time to repair the house is no big deal but owner is clearly greedy after as much money as possible what are our options??
1) in such a case send letter to owner that you are paying Rs 38000 as rent to provide geyser for the bathroom , rectify electrical problems . etc in the house . in the alternative mention that you are willing to incur said expense provided it is adjusted against your rent
2) you have signed agreement . terms are sacrosanct . if you terminate during lock in period you have to pay 2 months rent as compensation .
3) the mistake you made was signing agreement before taking inspection of flat
4) send email to owner as mentioned herein above
1. The agents always say "Jaldi karo nahin to ghar haath se jayega", to which the prospective buyer or lessee falls prey. You should not have paid any money unless the house was ready according to your wish.
2. The above being said, once you execute the agreement you can cancel it only if there is a breach of the clauses incorporated in the agreement. If you issue a lawyer's notice for cancellation it will be an uphill task nonetheless to recover the security deposit. So the best thing to do in this scenario is to carry out at your expense all the repairs and install all the amenities that you had sought and were promised but have not been made available and then deduct it from the next month's rent.
Mr. Ajay Sethi, thanks for replying. Mr. Ashish Davessar , thanks for replying. i understand my mistakes. juwant to move forward your option sounds perfect for me . i dont care about what happened and want to move on. can i deduct expenses from RENT?? there is no such clause in agreement regarding these normal repairs entitled to owner. if that wont be a problem . i can happily deduct those amounts from rent and move on . we will ofcourse provide the reasonable bills for the same. please advice and i shall start doing the same
1) you can deduct expenses from rent only with consent of licensor
2) send email to licensor wait for his response then take a call
Yes you can do that. It is your right to deduct the expenses incurred on repairing and installing what was dysfunctional and absent from day one.