House Rental issue House Rental issue

8 months ago

Hello All,

Good Day!

I'm currently located in Bangalore and just moved to new flat and its been 3 months and one fine day on July my owner called me and said he want's to come back and asked me to vacate the flat as i do not have option i agreed for it. After a week he again called me said no need to vacate instead he said he want to hike the rent up to 3000 and he want me to pay him 21 k from 18250 rent + maintenance were we already have a 11 months of agreement and it is specified that there will be hike in rent only after 11 moths of period. My thought and the confusion is what is the porous of having rental agreement and do i really need to pay him hiked amount?
The main problem now is that when i have looked for new home and wanted to move from here my owner is making issue and not ready to give the deposit amount which is with him and he is insisting that i have to do Deep cleaning were when i got the home it was not done.

Please suggest.

Anik

Responded 8 months ago

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A.Dear client,
1) Send a written notice to him demanding the return of the deposit amount . State in the notice that you are compelled to overstay as the advance deposit is not returned. Send it via registered post/speed post.
2) You also have the option to make a complaint to the local police about his not returning your deposit.
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Anonymous

Replied 8 months ago

Hello Sir,

Good Day!

Thanks a lot for the response.

We had a further discussion with the owner and he has returned 50% from my advance amount we are planning to vacate on 20th of Aug and the owner said he will be coming to home on the 21st to get the keys but I have also informed him that if he is not returning the remaining advance will not be able to return the keys. Would like to know by doing that will be against of law

Please suggest

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
When a rent agreement is executed between a tenant and the landlord, both parties are governed by the terms and conditions of the said agreement. Any demand or claim in contrary to the terms of the agreement is not acceptable in the absence of a specific stipulation in the agreement. So, go through carefully the terms of the agreement to refute the demand or proposal of the landlord. Even, in termination of the agreement by either party, a notice of a minimum period one month is required to be made by the parties to each other. Sec.21 of the Karnataka Rent Control Act, 1961 provides protection of tenants against eviction that says that notwithstanding anything contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any Court or other authority in favour of the landlord against the tenant. The Rent Acts have primarily been made if not wholly, to protect the interest of tenants, to restrict the charging of excessive rent and their rampant eviction at the will of the landlord. Section 21 of the Karnataka Rent Act shall have an overriding effect over any other law or contract. So, in the prevailing situation, you need to visit an Advocate for proper guidance and steps if required, the service of a legal notice to the landlord.
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