Notice period charges
Notice period charges
My pg is cutting 5500 out of 9000 as notice period charges from my security deposit. And they are taking one month extra rent also they are also taking some separation charges of 1400 out of 9000 they
6 months ago
A. Dear client,
In the absence of a specific stipulation in the terms of the rental agreement nothing is deductible for the notice period. So, go through the contents of the rental agreement and if shows nothing and is silent on the subject then such a deduction would be considered unreasonable and unfair. So, in the prevailing situation, after a serving a legal notice, you need to file an application in prescribed form before the Court of Rent Controller appointed under the respective State Rent C ...ReadMore
A. Dear Client,
In many cases, the redevelopment of a society or a building requires the consent of tenants. In cases where tenants need to be displaced due to redevelopment, laws may require fair compensation and rehabilitation measures. Ensuring compliance with these laws is crucial to avoid legal disputes. Redevelopment may require the eviction of existing tenants, and navigating these laws can be challenging. India has various state-specific rent control laws that regulate the eviction and ren ...ReadMore
Rent - I have agreed to rent out my flat
I have agreed to rent out my flat at Kolkata from the month of October 2023. The matter was decided in last week of August and advance of Rs 16500 received as token money for security deposit of one m
6 months ago
A. Dear Sir,
It is a small amount so you may settle the matter and be aware that they cannot be any threatening by the prospective tenant since it is a civil matter and she had violated the oral terms.
I was forced to vacate the house for having pets
I was forcefully evicted from the house for having pets. I know that no one can ban you from the society for having pets and I want file a case against the owner and society. How to go about it?
7 months ago
A. Dear sir,
Yes sir you can file such case. You may approach NGOs who support you and take up your case free of cost.
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Pets Pets…..
In view of following provisions of law no one can fine the pet owners if the pets are on lawns or in the common area. They are part of human lives.
Know the Rights of Animals under Indian Law ...ReadMore
Advocate delayed
I am the landlord, already holding decree of eviction against my tenant,have exhibited all the judgements in my favour to the learned court,have in argument stage,but at the heat of the final stage ,
7 months ago
A. Dear Client,
Speedy justice is a fundamental right and has also been reiterated by the Apex Court in a number of cases. Inordinate delay is unjustified and violates the fundamental right guaranteed under Article 21 of the Constitution of India. The Supreme Court in Hussainara Khatoon v. State of Bihar, Abdul Rahman Antulay v. R S Nayak held that the procedure that does not provide for speedy trial cannot be regarded as just, fair, and reasonable. Nonadherence to Section 89 CPC causes a delay in ...ReadMore
Penalty Levied
I wrote to Registrar seeking clarifi action on the accounts of society. MC responded to the registrar through advocate. His fees has been charged to my maintenance. Is it right?
7 months ago
A. Dear Client,
It is not right at all. A society cannot claim litigation costs from the member who raised a dispute in his individual capacity before the Authority. A registered society is a legal entity that may sue or be sued by anybody for any arbitrary and unfair action including a member of the Society. A society cannot charge for any purpose other than maintenance outrightly which is not even covered by the Byelaws of the Society. You need to bring the matter again to the notice of the Regis ...ReadMore
Tenant is threatening
Hi I deducted 13,000 from security deposit of 3L, Rest was returned on the day of handover. This deduction was towards painting, cleaning and few damages. For which tenant is not agreeing. He is sayin
7 months ago
A. Dear Client,
In the absence of a specific stipulation in the rent agreement that governs the relationship between a landlord and tenant, you can not deduct an amount from the security deposit for the expenditures incurred for the purpose outrightly which will be considered an unfair practice as defined under the Consumer Protection Act, 2019. A tenant can litigate the matter either before the Consumer Court or before the Rent Controller appointed under the Rent Control Act. The expenses for pain ...ReadMore
Nuisance from Landlord regarding essential services
I'm currently renting a 2bhk apartment in Bangalore since May 2021. We started with a monthly rental of 14k which became 16k on May 2022, and then again became 21K from January 2023 (not even a gap of
7 months ago
A. HI Client,
You can first send a legal notice. If this persists you can report and file a case before the Rent Controller. Later a civil suit can be initiated.
Tenant did construction work without consulting us property owner
The tenant who lived in the house (doesn't has a pakka roof) since 50+ years and won the court case to stay in the one-room house with the rent of Rs 10, has now started dropping of the 'kutch' tin sh
7 months ago
A. Dear client,
The prescribed period in case of for government-owned properties is 30 years. - However, As per law, a tenant cannot claim an ownership right on the ground of adverse possession, even the tenant is living into the tenanted premises since long period.
landlord problem
Clause written in my REGISTERED LEASE AGREEMENT " Whereas, the original owner, Mr .LANDLORD due to his preoccupation and old age was not in a position to run the day to day administration of the lod
7 months ago
A. Dear client,
If the rental agreement is not renewed then the tenant is legally required to vacate the property which he was occupying. The landlord will recover the possession of the flat.
