Owner is selling off the flat not settling our caution deposit
1 month ago
Hi,
I have been staying with my family in a rented flat since June 2023. The flat is fully furnished.
On 24th Feb 2024, I get notified by the owner that they are planning to sell off the flat. The sale deed is to be signed on 4th-5th of April.
The owner wanted to us to vacate by 3rd April,2024 (but as per rent agreement, we have a notice period of 2 months). However, since I have a 1 year old baby, after multiple requests the owner agreed that we can stay till 21st of April, 2024.
I have the following questions:
1) I have paid a caution deposit of 1.5 lac. The owner is saying that they will return caution deposit after I vacate. But they would have already sold the flat by 3-4th of April
2) The Owner stays in Dubai
3) How to deal in this situation. If the owner denies to return caution deposit i wont be able to do anything since they would have already sold the flat
4) Ideally the owner should have informed timely possibly in Jan 2024 so that we would have got 2 months of time to find a new place. By March 2024 we would have vacated and then owner would have sold the house.
In the case of a dispute between a tenant and a landlord, resolution falls under the purview of the state-specific Rent Control Act. Under this Act, a Rent Controller or Additional Rent Controller is appointed to address disputes arising from a rental agreement. If you are facing an issue, you can file an application with the concerned Rent Controller to seek an amicable resolution to your grievance.
Alternatively, you also have the option to file a civil suit under Order 39, Rules 1 & 2 of the Civil Procedure Code (CPC). This legal recourse involves seeking an injunction on the suit property. However, it's important to note that pursuing a civil suit can be a time-consuming and expensive process.
Both avenues, filing an application before the Rent Controller and initiating a civil suit, are available for addressing your concerns, and you may choose the most suitable course of action based on the specifics of your situation.
You may immediately go to Civil Court and get a stay order not to evict you without adopting due process of law that is issuance of notice and then filing a suit for eviction etc. Get stay order in the same suit.
A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. Apart from this you can file a civil suit under Order 39, rules 1 & 2 of the Civil Procedure Court(CPC) seeking an injunction on the suit property which is a time-consuming and expensive remedy. Reach out to an Advocate for guidance and steps.
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