Lease amount issue Lease amount issue

2 months ago

I am residing at Bangalore, n staying at house with lease amount of 10lakhs for 2 years. Now this June 26th 2024, our lease agreement will end. Since their is huge water prob at this house, we thought to shift n dropped msg to as notice before 4 months only. While talking orally with owner he told that currently he don't have money to return amount an dI only have to get replacement of new tenant n get money itseems. Since their is no borewell n water problem no one will agree to come to this home even if I give a try. Can anyone pls let me know what can done. TIA.

Anik

Responded 2 months ago

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A.Dear Client,

If the lease agreement explicitly contains a clause regarding the refund of the lease amount on the termination of the relationship with a 4-month advance notice, you have the right to claim its specific performance. However, without such a clause, claiming it as a matter of right may not be possible. Disputes between landlords and tenants are typically addressed under state-specific Rent Control Acts, where a Rent Controller or Additional Rent Controller is appointed to handle disputes arising from lease agreements.

In the current situation, you can submit an application outlining your grievance to the relevant Rent Controller for an amicable resolution. If resolution efforts fail, you may need to approach the Civil Court for relief. Seeking guidance from a legal professional is recommended for the necessary steps in this process.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
If any clause of refund of the advance of the lease amount on cessation of the relationship between the Landlord and tenant on the service of advance notice of 4 months is explicitly contained in the lease/rent agreement, you can claim its specific performance/ enforcement otherwise you cannot claim it as a matter of right. A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent/lease agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably failing which you have to approach Civil Court for relief. Reach out to an Advocate for guidance and steps
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Vidhi Samaadhaan Vidhi Samaadhaan

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