icon Returning of Security Deposit by deducting damages amount

My Tennant has vacated the flat and I have registered new leave and license agreement....After mutually agreeing upon the deduction I paid him the security deposit still he's asking for more....I want


A. Dear Client,

Unless explicitly stated in the Rent Agreement, the landlord cannot unilaterally deduct or adjust any amount from the security deposit, even if the tenant agrees under compulsion or pressure. The security deposit, which is refundable upon the cessation of tenancy and surrender of vacant possession, should not be subject to such deductions without proper authorization in the agreement.

In case of a dispute between the tenant and landlord, resolution falls under the purview of the ...ReadMore

Helpful
Helpful
Share
icon Club house facility for tenants are free or paid

In our society only tenants are ask to pay extra charges 1000 for basic club house facilities. We are paying rent so is it right to pay extra 1000 per month to society for gym , swimming pool etc???


A. Dear Client,

Tenants are restricted from using facilities designated for flat owners and society members, which are funded through monthly maintenance charges. Rent is paid by tenants to flat owners, and the society recovers maintenance fees from the flat owners. As a result, the society imposes additional charges on tenants for accessing these facilities.

Helpful
Helpful
Share
icon Refunding Advance amount

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


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 de ...ReadMore

Helpful
Helpful
Share
icon Eviction

My tenet is fault on rent from two years. Now he is trying to sub let the shop to someone with connections in politics. Is there any chance to get him evicted.


A. Dear Client,

Initiate the eviction process by serving a legal notice and filing an eviction suit against the tenant in the Civil Court. Additionally, for dispute resolution between the tenant and landlord, the state-specific Rent Control Act provides for a Rent Controller or Addl Rent Controller. To address the issue, file an application before the concerned Rent Controller to seek an amicable resolution. Seeking guidance and assistance from a legal advocate is recommended for the necessary st ...ReadMore

Helpful
Helpful
Share
icon Case dismissal

I had a case where the judge had dismissed due to not attending on that day but instead of me, my mother had attended the case on that day and she had submitted the GPA stating if any case I am not ab


A. Dear Client,

There is no prohibition on allowing a recognized agent holding a General Power-of-Attorney (GPA) to represent a case in court, placing them on par with an advocate holding a Vakalatnama. Any order restricting a person with GPA from representing the principal contradicts the provisions of Section 32 of the Advocates Act, 1961. To reopen a dismissed case, the process typically involves filing a motion to set aside the dismissal, requesting the court to review and potentially overtur ...ReadMore

Helpful
Helpful
Share
icon Landlord asking to vacate

Hi, We are staying in hyderabad, we have leased the property for 15000 in Aug 2022, and as per the agreement we are paying 10% extra from Aug 2023, but my landlord is demanding to pay 3000 extra from


A. Dear Client,

In a tenant-landlord dispute, resolution occurs under the state-specific Rent Control Act, with a Rent Controller or Additional Rent Controller appointed to address issues arising from the rent agreement. To address the current situation, submit an application detailing your grievance to the relevant Rent Controller for an amicable resolution. Seek guidance and assistance from a legal professional for the necessary steps in this process.

Helpful
Helpful
Share
icon Lease amount issue

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


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 di ...ReadMore

Helpful
Helpful
Share
icon Can tenant use open parking of society

I live in Mumbai in a rented flat. I have a proper 3-year agreement with 1 year as Frozen (I cannot leave nor the owner can remove me). I am still in my one year. There is a big open place in the soc


A. Dear Client,

As a tenant, your rights in the society are limited compared to the property owners. Rather than resorting to agitation or litigation, which could prolong the resolution for months or years, consider seeking an amicable settlement for the smooth celebration of your family functions.

Helpful
Helpful
Share
icon Tenancy proof

I have a very small room below staircase in a pagadi house since grandfather and I have old rent receipts as a proof of tenancy and have no other documents to prove ,and builder trying to disapprove t


A. Dear Sir,
You may try your level best by approaching the concerned tribunal or civil Court and get restraint order through local advocates were having deep knowledge in the above subject matter.

Helpful
Helpful
Share
icon Challenge eviction notice on Commercial property

On a commercial leased property, if the landlord issues an eviction notice can the tenant challenge them by asking for the investment compensation used to set the place up? Can the tenant use the prop


A. Dear Client,

A landlord cannot reclaim possession of rented premises as long as the tenant continues to pay rent or is prepared to do so. Furthermore, the landlord is prohibited from filing a suit for recovery due to non-payment of rent until 90 days have elapsed. This 90-day period begins 15 days after the landlord serves a notice to the tenant, as outlined in Section 106[1] of the Transfer of Property Act, 1882.

Eviction of a tenant is not automatic, and it can only occur if the tenant brea ...ReadMore

Helpful
Helpful
Share