LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sinple   10 November 2020

Rental advance issue

Hi Respected experts,

My house owner refuse to pay the rental advance and they are dragging. Also using abusing words.

Now they sold out their house. Please help / guide me to tackle the situation (getting refind of rental advance)



Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     10 November 2020

Contact a local advocate and issue a legal notice to landlord with all such documentary evidence.  Explore the possibility of whether he can be dragged into the Consumer forum as you have availed service and paid consideration as rent.

P. Venu (Advocate)     10 November 2020

Yes, serve a legal notice. That is the only viable option unless the amount involved is substantial and covered by a written agreement.

Sinple   10 November 2020

Respected experts,

I have rental agreements handy and all my payments are online.Their  voice and text mesaages recorded.

Thanks for your advice.

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     10 November 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like  Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

3. You may also prefer to file a Recovery Suit in the local Civil Court, for recovery of your amount, by following due procedures of law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sinple   10 November 2020

Hemant Agarwal sir,

Thank you so much.

Is it also possible to file any case for selling their home without doing my settlement?

H.JanakiManohar Rao (lawyer)     11 November 2020

He cannot sell his house without giving proper notice to you.It is illegal.Issue legal notice to owner and buyer as well.

Dr J C Vashista (Advocate)     11 November 2020

How much money is involved as advance payment of rent in the subject ? If it is in few thousands or more, proceed as advised by expert. However, if the amount involved is meager just forgive and forget.

Sale transaction of the house which was earlier rented out is valid.

Sinple   12 November 2020

Hi Respected experts,

Tbanks for your inputs.

The final settlement after deductions is 25K. They are dragging and harrassing. I dont want that money to be wasted.

If I understand correctly before selling a property the related debits/ credits has to be cleared. Please help to understand the related law properly. 

P. Venu (Advocate)     21 November 2020

The outstanding rental advance, if any, does not run with the property but is personal against the owner of the property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register