Tenant Cheating Owner - Bangalore
Dear Sir / Madam,
I am writing this email to express the problems caused by tenant who has taken up flat with us in Bangalore. Three Tenant (1 student and 2 Working Bachelors) approached our flat as on Nov 21 2014, Based on the enquiry of the tenant, the Rent was fixed to Rs.22, 000 and a total security deposit of Rs 1,00,000/- the same was agreed mutually and signed the management application with tenants Id Proofs /documents.
By Receiving a token advance of Rs.13,000 BY CASH from tenant (Rs. 3,000 as on 21 Nov 2014 & Rs.10,000 as on 29/11/2014), Tenants were instructed to pay the full deposit by NEFT (Online Payment) within 25 days, and the same was agreed mutually.
Later tenants were registered with management and all banking details were sent to tenants email id with instructions of payment. After couple of Days Tenant Paid Rs. 18,000 by NEFT Online Banking towards deposit as on 12 Dec 2014 and Rs. 32,000 by NEFT Online Banking towards Deposit.
So we had received a total Security Deposit by Cash Rs. 13, 000 + by NEFT online Payment Rs. 50,000 which was equal to 63,000 as on 15 Dec 2014.
When management demanded / reminded for outstanding deposit of Rs.37, 000/-, Tenant started to request for some time for payment towards deposit, the same was agreed for a week of time.
But there was no use, tenant reported he attempted to make payment online but the banker has blocked his funds and to release the same he had to go to his native to get his KYC form for update at his bank.
We again granted some more days of time understanding his problem, since they were fresher’s and new to Bangalore. Suspecting the same Management demanded Proof for the blocked money in Bank. But Tenant Refused to Provide the Proof and evidence for the same.
Lately we realised there was something wrong happening and we had sent a reminder email to tenant to pay his outstanding before New Year 2015 Else they will be fine 3% of Penalty per day for total outstanding in deposit.
But tenant did not bother to reply to any of our email sent to him, so we had to go to tenant’s flat to understand his problem. Based on personal meeting, we demanded the evidence of blocked funds at his bank, and still he refused to provide us by giving many silly reasons like lost my mobile/ bank was closed / no internet xyz...!
Now it was Jan 2015, and the due date to pay his rent for Dec 2014 was 03/03/2015. Rent paid late will attract 3% interest per day. And there was reminder email sent to tenant for the same.
Next Action by tenant He failed to pay his rent for month Dec 2014.
We reminded him more that 15 – 20 times that fines will generate if not paid on time.
But the same attitude was shown from tenant and was least bothered for our advice.
Lately He paid His Dec 2014 rent on 16 Feb 2015, but did not pay his rent for Jan 2015, We excused for late pay and informed him if ignored to any reminders hear on words there would be 3% fines per day.
Tenant Now still had outstanding with deposit & rent of Jan 2015, as we informed tenant that fines would be counted on out standings if not paid, After several days tenant demanded to reduce Deposit From 1,00,000 to 75,000/-.
Since the management document was signed to 1,00,000 towards deposit we could not negotiate. But understanding their problem again we finally negotiated the deposit amount to Rs. 75,000 and tenant happily writes a mail he would clear out standings within 5 working days.
After 10+ days, we had to follow up with tenant why there is delay caused again with Deposit and Rent of Jan 2015 payable as on 03 Feb 2015, So no more replies, when questioned or called no reply, we warned tenant if the same drama continues we will lock the house.
He was least bothered to reply to any emails and answer to any calls.
Since there was no respond to any of our calls or emails, a final email was sent to tenant,
To pay all out standings with fine before 19/ March /2015 else the flat would be locked.
Deposit Outstanding = Rs. 12,000 (Total deposit 75,000)
O/s Rents Jan 2015 = Rs. 22,000 payable on 03 Feb 2015
O/s Rent Feb 2015 = Rs. 22,000 payable on 03 March 2015
O/s Rent March 2015 =Rs. 22,000 payable on 03 April 2015
O/s Fines as on 15/03/2015 = 32,700
Total Outstanding (Rs: 1, 10, 700 + Painting Charges + Electricity Bill + Water Bills for all months.)
And Now Tenant Has absconded as on 20 March 2015 without updating us and without returning the flat keys. Tenants are least bothered to give vacating notice letter also.
So I have no idea how to recover the losses from cheater whom i trusted.
I to have bank loans, if i fail to pay bank fines like anything.
So what’s the right action for the above problem legally?
Looking for best advice.
I haven’t opened the flat yet till date (25/03/2015)