Landlord harrassment
3 years ago
Hello,
I would require your advice on my dispute with my landlord. Please find the details below :
1. 1st of June 2020, I moved into this flat and had a legal rental agreement signed.
2. I had to pay annual maintenance fees despite the fact that I haven't even stayed for a month.
3. The owner said I had to pay some amount in cash to the caretaker of the building which I paid.
4. 2 days back, on 28th of this month, he was asking me to pay the rent upfront, to which I said I won't be able to as my salary is still due.
5. Now suddenly he is asking us to leave as he is selling the flat.
6. I asked him about my advance deposit to which he is saying he will return it once I vacate the premises.
Considering a pandemic situation and a whole lot of chaos, he is not even bothered to pay me the expenses I made towards packers and movers. And all other fixes I had done to the apartment. He is also adamant that he will deduct 2 months extra rent as per the agreement even though I am willing to leave the premises early.
My question is, am I in any situation to take my case further legally? Do I have a stand in it and if yes, what should be the step.
Please help me on this matter. This is very urgent.
Regards
1) As you have entered agreement on 1st June 2020 along with the rental legal agreement, but for how many months have you signed ?
2) But you are not mentioned what is the deposit and what is the monthly rent..... There was NO need to pay any kind of annual maintenance fees because the question was you are just beginning with the agreement ….who showed you such a kind of landlord and such a flat from where did you approach him and how come he found you only..??
3) What kind of CASH have you given to the caretaker of the building you have NOT mentioned very clearly what is this amount ? even this is a unofficial amount you need NOT pay any kind of CASH TO CARETAKER in such rental agreements..,
4) What is the date mentioned in your agreement when is the rent should be received from 1st to 10th of every month we have to study your agreement in detail....
5) If he is selling the flat let him do so but in such a lockdown period I am sure he will NOT find any kind of client ….so question of leaving this Flat does not arise. In such a case you can ask him to refund your money that you have given in the point number 2, of annual maintenance fees and point number 3 the cash given to the caretaker of the building and the movers and packers expenditure that you had incurred before entering his flat. If there's a intention of selling the flat he should have intimated to you before sending the starting agreement now it is a time that you can pull him to the court and sending a legal notice immediately....
6) And about the advance deposit as he said he will return it on vacating the premises that is another next impossible this fellow will keep on dragging you for months and your shoes sole will be gone away by the time you will be running behind him to get your money back.... As again he is telling you he will deduct 2 months extra end as per the agreement as the other fixes done in the apartment this is what he is telling to you illegally do whatever it is written in the agreement it is against the law....
7) yes as per the situation you can take a strict legal action and you can standard and step ahead and in any circumstances DO NOT leave/ vacate this flat it is a complimentary for your next two to three years rest assured ….. we can see it all in the court I hope your answer is replied very urgently giving all the details you require.
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ADV. ANISH PALKAR (High Court)
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