I am residing in Chennai. I am living in leased accommodation for the past 2 years and 2 months. The contract of the lease amounting to Rs. 6.5 lakhs had a tenure of 2 years which was completed on 30th April 2019. And, I informed orally to the landlord Mr. Noorullah Basha on 8th March 2019 that I am going to vacate the house on end of the lease period and l asked him to arrange to return my deposited lease amount to me at the time of vacating the house. But he is not still arranged to return the amount to me and asking more time to return the amount to me. And, I asked him to renew the agreement till the time of arranging the lease amount to return me. But he is refusing to renew the agreement and he is asking more time to return the lease amount to me. And also my 2 years lease agreement period completed on 30th April 2019 itself. But I am still residing there due to he is not returning my lease amount. Is this any problem for me?Read More

Posted at 04:12 AM, 14 Jun 19 | No Answers Yet

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 10:41 PM, 22 May 19

With respect to your query, the legal opinion is as under:- (1) Parties are always bind by the terms of contract. (2) However, notice for termination of tenancy is required to be served. Please note that Under Transfer of Property Act, as amended in UP, the notice of termination of tenancy is given under section 106 giving thirty days time to tenant to vacate the accommodation. You may please check the amendment for your state. (3) From your query, it reflects that there is an element of cheating or misrepresentation on the part of your landlord, so you can file a criminal complaint or FIR (4) The remedy for money recovery is to go to Civil Court for recovery of the money.Read More

Posted at 10:41 PM, 22 May 19 | 2 Answers

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No, a tenant cannot leave the house without providing a prior notice, if such a clause is mentioned in the landlord-tenant agreement. If such a clause is mentioned only then you can take a legal action against the tenant. In order to take a legal action you need to first cosult with a property lawyer in India, who can help you with the drafting and serving of a notice to the tenant.Read More

Posted at 05:22 PM, 17 Feb 19 | 1 Answer

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If you entered into a rental agreement with your landlord that specifically mentions that your security deposit is refundable, and your landlord is not paying your deposit back, you can take the following steps: Send a legal notice: You need to first send a legal notice to the landlord to ask for the deposit back. You need to consult a property lawyer in India to send the legal notice the landlord. If the landlord does not ay you the deposit back, you can take the next step. File a civil suit: You can file a civil suit against the landlord for breach of contract i.e. breach of your rent agreement.  Read More

Posted at 11:38 PM, 03 Jan 19 | 1 Answer

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You can consult a good property lawyer in India and send a legal notice to the landlord to claim your money back. If the landlord fails to reply to this notice, you can proceed to file a civil suit against them on the basis of your rent agreement.Read More

Posted at 06:54 PM, 31 Dec 18 | 1 Answer

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The tenancy laws in West Bengal are laid down in the West Bengal Premises Tenancy Act. The Act states that a tenant cannot transfer or assign his right in tenancy to anyone without the consent of the landlord.  Thus, in your situation, if your original tenant dies, you have the option to terminate the rental agreement and their tenancy. You need not transfer the tenancy to the legal heirs of your current tenant. However, it is recommended that you consult a property lawyer near you to have an in-depth information about the West Bengal tenancy laws.Read More

Posted at 09:26 PM, 11 Nov 18 | 1 Answer

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You have already tried and failed in making your tenant leave. He is not ready to leave even after the order passed by the court, you must hire the best Property Lawyers in India who will help you with the execution suit. Execution suit is the last stage of civil proceedings. Execution is the medium by which a decree-holder compels the judgement-debtor to carry out the mandate of the decree or order. It enables the decree-holder to recover the judgment. At the conclusion of this suit, the court will compel the tenant to leave your house and pay you with the required compensation and the pending rent. If the tenant still does not leave the property, the court can even order the arrest and detention of such a person forcing him to follow the orders of the court. Order 21 of the CPC describes the execution suit and the best Property Advocates in India will be able to help you with the execution of such decree. Apart from filing an execution suit, you must file for a separate recovery suit also in the court with the help of Top Recovery Lawyers in India. Order 37 of Civil Procedure Code provides provisions for Recovery suits. The object of this provision is to summarize the civil suit where the defendant has no defence and relief can be granted fast. Read More

Posted at 01:56 PM, 12 Aug 18 | 1 Answer

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A landlord-tenant relationship is often seen to be bitter-sweet. A lot of people who live as tenants face some types of problems arising out of the conduct of the landlords. A landlord when gives over the possession of the property to someone else, should not interfere with the lives of the tenants. Tenants have the right to privacy and right to decent living and landlord cannot abolish this right. You must hire the best Property Dispute (Landlord/Tenant) Lawyers in India to help you with this situation. Your landlord is not necessarily doing this intentionally, so you must first ask him about the issue and try to get him to understand your situation. However, if the landlord is doing this intentionally or is unwilling to help with your condition, you can take legal action against him. You can file a case U/S 268 of the IPC,1860 which discusses the harassment through nuisance. Nuisance can include any kind of disturbance or annoyance that may cause hindrance in your daily conducts. Order 133 of CrPC also have the provisions for a conditional order that will put a legal restraint on your landlord to not annoy you like this. You must connect with the best Property Dispute (Landlord/Tenant) Lawyers in India that will help you further this process. Read More

Posted at 01:55 PM, 24 Jul 18 | 1 Answer

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The landlord can only deduct rent if it mentioned in the rental agreement or if you have violated any provisions of the agreement made orally or in writing. You can consult a property lawyer to know the best legal remedy in such a case, Read More

Posted at 05:05 PM, 05 Jun 18 | 1 Answer

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You can file an eviction suit against the tenant. The first step in an eviction suit is to send an eviction notice to the tenant and giving them proper time to act on the notice or send a proper reply. However, if there is no reply from the tenant, you can proceed to take a legal action against them in a court that has proper jurisdiction. A property lawyer in India can help you in sending a legal notice to the tenant for breaching the rent agreement and overstaying, along with filing an eviction suit. Read More

Posted at 01:25 AM, 27 May 18 | 1 Answer