Landlord not returning house lease money
Mansoor
(Querist) 07 May 2018
This query is : Open
Hi,
My parents live in Bangalore and they were leasing a home in JC Nagar. And lease is valid till January 2019. We came into that home in January 2016. It was a total of 3 years lease. As soon as we joined the home after 2 months, we came to know that the particular home which ever we are staying is in bank loan and landlord is not at all paying the EMI for the home. He lives away from his house, in a rented house. Monthly once bank people would come to my place and they were threatening us to vacate the home as landlord is not paying EMI for the home and there was a huge water problem also. On calling up landlord and saying these problems he was not taking any action and he used to blame us for the complaints.
We got irritated with these problems and told landlord in April 2017 that we are going to vacate home in 3 months and told him to return back the lease money(as per lease agreement). But there was no response. Every month we used to call him up and tell him to return the money. But as usual there was no response. And in December 2017 we vacated the home and shifted to a new home. While vacating he told us he will return the money in 3 months and he threatened us to return back the keys. But we didnot return the key.
Till now there was not even a single penny returned by him. And every month he is saying that he will return the money next month. Already it has been 6 months, we are not staying in the home and money is with landlord only. What action can we take on landlord as the lease agreement is not yet completed.
Even if we take any action, will we get any interest amount by landlord for this 6 months. Could anyone please suggest me on this.
Lease is on my father's name.
Thanks,
Mansoor
Asgher Mahdi
(Expert) 07 May 2018
You did a blunder mistakes by handing over the vacant possession of the leased property without obtaining your security deposited amount, though the Bank personnel were harassing.While , your in possession you had many option like obtain an Injunction Order which is now bar as you are not in a possession. You have not mentioned on what terms , conditions whether any written you have vacated the premiession ? It is immature to say without knowing on what arrangement with landlord you have vacated the premises. If you have any documentary evidence of conditions stipulated in any form of arrangement like deed you can file money recovery suit, least no chance except mediation or upon the mercy of the landlord
P. Venu
(Expert) 07 May 2018
When you have not returned back the keys, how could it be said that you have vacated the premises?
Mansoor
(Querist) 07 May 2018
We did not hand over the keys to the landlord and we have some luggage yet in the home. So, officially we did not vacate the premises yet.
And my father goes once a week to the house and checks it. Now, could anyone please suggest me step-by-step actions to be taken on the landlord to get my lease money back
Ms.Usha Kapoor
(Expert) 08 May 2018
I agree with particularly Venu's opinion.
Guest
(Expert) 08 May 2018
It seems, Ms. Usha Kapoor has not read the question properly. At first she agreed with the opinion of Mr. Asgher Mehdi, who assumed that the querist handed over vacant possession. But, when Mr. P. Venu pointed out that the querist has not handed over possession by not returning the keys to the landlord, she agreed with Mr. Venu's opinion.
SO, WHAT EXACTLY IS THE STAND OF THE FAKE EXPERT Ms. USHA KAPOOR BY RENDERING TWO CONTRADICTORY PIECES OF ADVICE?
Guest
(Expert) 08 May 2018
@ Mr. mansoor,
Your question is about returning of house lease money by the landlord. But, your long story is quite vaguely described, as that lacks in very basic information, whether you are talking about refund of security deposit by the landlord, or the balance out of the total lease money, if paid at the beginning of the lease. I don't think you would have paid the total lease amount at the very start of the lease period.
Please make clear what is your requirement.
Mansoor
(Querist) 08 May 2018
Thank you Jigyasu for your response. I am talking about the lease money. We have paid total lease money at the start of the lease period.
Guest
(Expert) 08 May 2018
Since you have not handed over the keys, the possession of the house is still with you. So, the question of return of lease money would not arise. Rather, rent for each month would become to be due to be adjusted against the lease money.. You will have to handover physical possession of the vacant house by handing over the keys to claim the balance of the lease money..
T. Kalaiselvan, Advocate
(Expert) 10 May 2018
You may issue a lgal demand notice to the landlord demanding the return of the advance amount held by him and not returning even after the lease agreement was terminated and after lot of assurances to return it soon.
After waiting for a period stipulated in the notice, you may file a money recovery suit against the landlord, let him answer the court.
Actually you should not have vacated the premises, even though it is under mortgage loan and the loan repayment has been defaulted.
This legal notice to the landlord would have protected you as shield in case of an eviction action taken by the bank for recovery of loan amount.
Ms.Usha Kapoor
(Expert) 27 June 2018
I agree with Asgar Mahdi and Venu's opinion.
Mansoor
(Querist) 01 July 2018
Thank you @Kalaiselvan sir for your reply.
We have hired a lawyer and sent a cheating case notice to the landlord on the following reasons:
1. Collecting rent every month in addition to the lease money
2. Got threatening with rowdy fellow on asking to return the money
My lawyer sent a notice to the landlord on above basis and told landlord to return back the lease money as well as the rent money collected illegally in 15 days, failing to return back the money - civil and criminal cases will be charged against the landlord.
Now the 15 days time period is completed. On asking to file a case against the landlord, my lawyer is saying that - 'We cannot take action on landlord until 3 months'. But in the notice it was specified only 15 days. Seems like landlord has done some dealing with the lawyer.
Could someone please suggest if the lawyer is doing right or is he playing games on us.
