How to get money from landlord
Tene Thomas
(Querist) 19 October 2010
This query is : Resolved
Hello
This is the only site where I found answers to the legal questions.So I hope I would get an answer for my question.
On Sep 25, I gave 8 months rent as advance (Rs 68000) to a house owner, for renting his house. I asked him to provide fans and clean the house as it was not in a liveable condition.
We met on Oct 2 for signing the agreement and taking the house key. But I saw the house in the same dirt condition with no fans. I told him that I am not interested in renting the house.
He deducted 2 months rent of Rs 17000 and gave me only the rest.
Is this right to deduct 2 months rent for cancelling the house within one week before signing the agreement to getting the house keys?
I have the acknowledgement of giving him the advance amount. He made me sign an acknowledgement that I am receiving Rs 51000 and 17000 is deducted as notice period amount.
Please advice what I can do in getting the money back.
Rajeev kulshreshtha
(Expert) 19 October 2010
It depends upon the condition of agreement if there is a condition like this you cannot recover the same.
Tene Thomas
(Querist) 19 October 2010
Actually, we did not sign any agreement. Before signing it, I told him that I do not need his house.
Devajyoti Barman
(Expert) 19 October 2010
Yes ,suit for recovery of money is the option.
Tene Thomas
(Querist) 20 October 2010
I am unfamiliar with court activities.
I feel that filing a case in court and fighting for it will cost me much more than what I want to recover.
So would I be in a good position after a civil suit is filed?
What about the time period for finishing the case?
Can someone shed some light on this?
Devajyoti Barman
(Expert) 20 October 2010
The civil suits take a lot of time to get finally disposed of and given the amount of money involved in this case it would not be feasible to file such suit unless to teach him a lesson.
Tene Thomas
(Querist) 20 October 2010
Can I claim the expenses incurred for processing the case from him?
Can this be filed in Consumer Court?
Can Police do something for this?
pawan sharma
(Expert) 20 October 2010
yes you can claim all the expences.
no, you should file in civil court.
no it is civil matter.
Tene Thomas
(Querist) 20 October 2010
So what do you suggest me to do?
M/s. Y-not legal services
(Expert) 20 October 2010
yes you can file a money suit for recovery of your money.. if your case have merits mean you court will allow your case with cost.. its mean respondent have to pay your court expenses
Devajyoti Barman
(Expert) 24 October 2010
Yes you can claim litigation cost also.
Khaleel Ahmed Mohammed
(Expert) 19 October 2010
