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We have taken a shop on rent for a period of 11months. Now the owner of the shop has turned Npa as he has not being paying his EMI for this shop loan for 5 months. However now the bank people are coming on our doorstep. We have heard that the bank can seal the shop. They have issued notices to him under SARFAESI. So he is telling us to pay the EMI to the bank. However we have spent lots of money on the interior and expenses of the shop. Our agreement is till May 2019. Today on discussion we decided to continue till he has our deposit money and not pay him the rent and let it be deducted from the deposit money. Once our deposit money is exhausted we will immediately vacate. But the owner refuses to understand he says either pay the rent or vacate the shop. While giving the shop he had told us that we can run our business for years and years. However in just 5months we are in a bad situation. Now what should we do. We do not have money to go somewhere else and incur losses by again doing so much expenses. We want advise as to what is the next step we should take. We are insecured whether he will give us the deposit once we vacate. He speaks very harshly and it's very difficult to make him understand. We want to wait till 10April 2019 without paying him any further rent and exhaust our deposit and leave. Please advise.
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A. As suggested by the learned brothers, file a case for injunction and simultaneously have an arrangement with the bank that you will pay the rent directly to the Bank's account. Meanwhile send a legal notice to the landlord and bring him to the court for breach of trust and breach of the agreement.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
My landlord has given me a written notice. Re: Structural changes & alteration in the premises Situated at XXXXX Borivali (W) Mumbai 400092. Sir, I, the above-mentioned named the land road of the premises situated at XXXXXXXXXXXXXXXXXX, Borivali (W) Mumbai - 400092. I Hereby Would like to bring to your notice that it has come to our Knowledge that you have made alteration structural changes and have covered the area in the premises as per your needs and requirement without my consent and premises and also put out hoarding which also affects the structure of my building. I would like to point out that the above changes are not as per the BMC rules and regulations and are bad in laws. I hereby request you to re instate the premises and as per the rules and regulations of the concerned authority to avoid any inconvenience to me the near future, failing which I would be forced to intimate the concerned authority, for which you shall be solely held responsible. Hope a wiser counsel serves upon. Thanking you What can be done in this case do we have any option to deal with this? Can we provide architect plan and structural auditor report that no beams and pillars are harmed. Kindly suggest method to deal with this.
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A. You must respond to his notice and also provide your clarification of you have not breached any BMC regulation or any provisions of law. If you do not respond to the notice then it will be assumed that you have accepted all the allegations and the landlord may take benefit of that .
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I had taken 1 bhk fully furnished flat on Registered company lease for 11 months. I had paid Rs.1L as Security deposit through cheque along with 11 PDCs for monthly rent (Agreement for 11 months Only). After completion of 11 months I had told Landlord i will not renew rent agreement for further 11 months since I will be transferred after 3-4 months. So he agreed with me on exiting rent and I had given him 4month PDCs (Such stay was not under any formal deed). Now I had "given him 30 days notice for "Intent to Vacate" via email in which I had mentioned refund of security deposit clause and also told him to inspect the flat. Now I had given him the possession of flat, on the other hand he had only returned me Rs15k through neft from 3rd party and Rs.50k through 3rd party cheque which was deposited by landlord but it was found stopped after 2-3 days. Now the current position is he is making excuses asking me some time to give security deposit back. Now Almost 6 months has been passed but he is not returning my balance security depost and on the other hand he is now creating new issues e.g., AC/fridge/washing machine is not working. I have told him that I have given him possession of flat after inspection and now its alomost 6 months had been passed and therefore i am not liable for any such issues. So I request you to pls advice up on this matter with your prompt legal advice.
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A. Send him a legal notice for recovery of security deposit. Even after that if he is not willing to pay then file a Summary suit in the local civil court against him to recover the amount. Summary suits are relatively faster and if all well then you can recover your money within 60-90 days.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I stay in Pune at a rented apartment for 2 years. I saw leakage in kitchen and the wall getting wet, I informed owner who stays downstairs and told him it may be due to rain, but to avoid spending money, he did not inspect it through plumber or structural engineer and bargained lot of time. Now I decided to leave that apartment and landlord is saying it's not because of rain but Bathroom leakage, Since neighbor also has same problem and our walls are adjoining , I informed landlord it may be due to their bathroom, but now LL is insisting to pay all repair cost of bathroom which may be huge. My question 1) Can owner blame tenant directly for such leakage without proper inspection? 2) If it's due to My bathroom, who is supposed to repair? 3) What are the rights of tenant in such case if Owner is refusing to refund entire Security deposit? Please help Thanks
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A. Did you execute a rental or lease agreement with the landlord? If yes then check it there would be specific clauses about who would pay for the maintenance and repair of the leases property. Usually it is the landlord who is supposed to pay for such kind of repair work unless it is specifically mentioned that the tenant will pay. If there is no agreement then just ignore and move ahead.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Sir/Madam, I gave Rs. 13800/-(Rs.-3800/- for rent & Rs.10000/- for deposit money) to my land lord before entering one BHK flat for rent .Now I want to leave the room and want to get refund money which is my land lord refuse to refund.He did not make any agreement with me.It was verbally said that both sides are obliged to inform about leaving the room two month earlier & all maintenance will carry out by land lord. On 05.07.18 giving the rent for for the I inform about leaving the room on 30.09.18 and August & Sept month"s rent i did not give him as I adjust from my deposit money. He took the advance rent for one month from me within 01-05 days for every month .Now I paid all electric bill up to the month & repair minor electric fault from my pocket.He now totally refused to give rest of money and force me to leave the within 15.09.18. Now I want rest of money to refund . He shows cause about maintenance though there are no bigger change or no any loss of the room . I also agree to least maintenance i.e cleanness etc. of the room before leaving.Yet he totally refused to refund of my deposit money . please sir say , legally I can get it or not. I have all receipt with sign of land lord in a ordinary page.please help .
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A. How did you give him the money in cash or cheque or bank transfer. If not is cash and other means then it will be easier to establish that he took money from you. Now what have to do is to send him a legal notice to recover your money from him.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
In big building there is a tenant who has 12 cats atleast in her 2 bhk flat. 1.Is these many cats allowed in a 2bhk flat? 2.Can we ask the owner to ask tennant to vacate the flat as cats litter is dangerous for the human health.
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A. Unless the cats are troubling you and crating nuisance to the neighbours there is no point in raising hue and cry. In case they are troubling then under the Law of Tort principles you or affected persons can certainly go for legal action against the cats owner.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I have registered the rental agreement to my tenant in the sub-register office for the period of 5 years and now 2 years completed. But now the tenant suddenly vacated the house with out any prior notice ( as per the agreement the notice period is 3 months) .Two month rent is still pending and the tenant did not yet handed over the keys as well. Can I be able to file a case against the tenant.If possible please advice me of the same to proceed
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A. See agreement of any kind binds the parties signing it. In your case the tenant was bound to honour the terms which he has breached. So yes you can take legal action against him.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Me and my friend are the 'Licencees ' on the leave and license agreement as tenants. We share the rent and deposit. My friend wants to leave by giving the landlord 30 day notice. However I want to wait till the contract expires. Is it legal for her to give notice without my agreementor. As it's a joint contract between us however this decision isn't a Joint decision .
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A. Look at the termination clause of eth agreement. Your question is agreement specific and the answer lies in the termination clause of the agreement.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

NOORAY SANAVVER

Posted 1 year ago

If the landlord give his statement that the person has been living at his house more than one year , is it valid for passport verification?If yes please mention in which section it is. Thanking you
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A. Landlord does not have any authority to provide any address proof which can be taken as concrete apart from signing a rental agreement. The letter issued by a landlord is a supplemental document to enhance the residential proof. I don't think the passport officials are going to accept the letter or statement issued by the landlord as conclusive proof or residence.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

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