Refunding Advance amount Refunding Advance amount

2 months ago

We reside in Dwarka and the house owner is not willing to give us back the advance money . We vacated a month ago.

Anik

Responded 2 months ago

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A.Dear Client,

If the lease agreement does not explicitly include a clause regarding the refund of the lease amount advance upon termination of the landlord-tenant relationship, enforcing such a claim is not possible. Disputes between landlords and tenants are typically addressed under state-specific Rent Control Acts, which appoint Rent Controllers or Additional Rent Controllers to handle disagreements arising from rental agreements. In the current circumstance, you can submit an application detailing your grievance to the relevant Rent Controller to seek resolution through the appropriate legal channels. Seeking guidance and understanding the necessary steps can be facilitated by consulting with a legal professional.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
In the absence of any clause of refund of the advance of the lease amount on cessation of the relationship between the Landlord and tenant explicitly contained in the lease/rent agreement, you can not claim its enforcement. 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 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 in the right way. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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