I paid advance for renting a flat but didn't take it due to some reasons. Now i want my money back. Please help me
2 years ago
I paid advance for renting a flat but didn't take it due to some reasons. Now i want my money back. Please help me
A.Dear Sir,
You may request the landlord by issuing legal notice under Section 106 of TP Act as follows cancelling the agreement and claiming entire refund of advance amount.
Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
you can ask the owner for the advance and state the reason for asking the money back. The terms of the contract also shall be important to see if you can escape any liability which will be incurred for not taking the flat after paying the advance. If the owner does not agree, then you can file a civil suit for claiming back the advance and cancelling the agreement for the flat.
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