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Landlord refused to refund partial Advance amount that he promised to pay Landlord refused to refund partial Advance amount that he promised to pay

3 months ago

Hi,

My landlord refused to pay partial Advance amount that he promised to pay. It's already 3 months over since we vacated our house. We do not have a rental agreement as we came to the house 11years back and not aware of the process.

Landlord stays in a different place and doesn't pick phone calls. He used abusive words like 'You spoiled my home. You will not live happy life. You don't have any one for support ' against my wife.

I would like to file a case against him and make him say sorry to my wife and get back balance Rent advance amount.

Please let me know if this details make a case strong

Anik

Responded 3 months ago

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A.Dear client,

The landlord must pay back the advance amount promised as a general rule. He should do so within a month of vacating.
You may issue a legal notice against the landlord to his residential address. You may also file a civil suit for recovery of money. This can be done under the provisions of Civil Procedure code.

It is a civil relief and acts as an effective remedy to recover money from the delinquent. The suit can be filed under Order IV of the Code of Civil Procedure 1908 (CPC). It is a summary suit (Order 37, Code of Civil Procedure) that ensures speedy disposal of the suit and payment of money back.

Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Unfortunately, you have no ground to take any action legally against your landlord in the absence of a Rent Agreement. As regards abusive language used by the landlord, again in the absence of strong evidence supporting your allegation, you may not be able to take legal action against the landlord. You may, however, take a chance by serving a strong legal notice to the landlord which may or may not work.
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Vidhi Samaadhaan Vidhi Samaadhaan

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