sam (Software development Advisor) 04 August 2011

Owner not giving origional of rental aggrement.

I taken a new house on rent with 1.20 lakh as deposit amount.

I created the rental aggreement with the Owner on 200 rs Stamp paper.

And owner has taken the formal copy of that document and Owner is not giving me origional document of that aggrement and has just given me the Xerox.

I have 30,000 Rs check remaining to get encashed.

As owner is not giving me origional copy of rent aggrement. Should i vacate the house ? and stop the payment of 30,000/- remaining check

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 04 August 2011

ARe you in possession of the house? if you are in possession then don't vacate it even owner said you to vacate.

sam (Software development Advisor) 04 August 2011

ya i am in the possession of the house. but should i stop check unless owner gives me origional rent aggrement. Also, owner added one clause in the rent aggrement. how it may affect me incase i don't vacate the house.

1. In the event of Tenant not vacating the premises as required under the terms of the agreement, without prejudice to the right to recover from the Tenant double the license fee as provided under the Karnataka State Rent Control Act, the Tenant shall be liable to pay in addition a sum of Rs.500/-(five hundred only) per day as and by way of damages.

Mahadeva Rao G (ADVOCATE) 06 August 2011

First of all dont believe or rely on any one in any transaction however small the transaction. It is a common practice to issue cheque for the Advance amount to be credited into owners account and the same should be mentioned in the rental agreement. As the expert Advocate Rajeev sir has advised if u r in possession do not vacate the possession and hence forth pay your monthly rental through current cheque payable in the name of the owner. ( Owner's name only ) not in any other name. Let him keep the original. Keep your photo copy of the rental agreement signed by both of you i.e, yourself in the capacity as tenant and the owner safely. Make many copies and keep it in different places. As per the aforesaid clause is concerned u can type as many clause in any document but the real fun begins when the enforceability part comes. Pls engage the services of advocates always however small the transaction may be. He will surely safeguard your interest. people remember advocates only when they are trapped. THE ADVOCATES WILL SURELY HAVE ENOUGH EXPERTIZE TO SHOW SUCH OWNERS THEIR RIGHT PLACE.

Mahadeva Rao G. ADVOCATE 9845285555 BANGALORE.