HARASSMENT BY LAND LORD DEMANDING ADDITIONAL RENT DEPOSIT.
shakthivel
(Querist) 26 June 2011
This query is : Resolved
We have tqken on rent a commercial premises upon payment of rental advance of Rs.4,00,000/- through Bank Cheque as well agreeing to pay rent of Rs.63,600/- a month and accordingly have been paying rents regularly without any default but after deduction of TDS amounts.
The Land Lady is frequently and repeatredly harassing us seeking additional deposit while the said building was taken on rent by us hardly 6 months back.
What type of criminal actions / civil acions can we initiate against her. Whether the land lord is right in demanding and accepting renal deposit beyond 2 months rent? These transactions have taken place in Bangalore (Karnataka).
Kindly advise us.
H. S. Thukral
(Expert) 26 June 2011
If you have not agreed any duration of lease in the agreement then the landlady can ask for eviction by giving a notice under section 106 of the Transfer of Property Act. But at the same time it can be through process of law and not by force or harassment. You can file a civil suit for permanent injunction from forceful eviction.
Advocate. Arunagiri
(Expert) 26 June 2011
You can file a petition before the Rent Controller for fixing a fair rent and refund of excess money paid.
prabhakar singh
(Expert) 26 June 2011
is any agreement written.
if no ,then it is tenancy month 2 month and can be terminated by giving 1month notice.
But eviction takes time,and damages shall not be more than Rs. 63,600/- a month, hence
do not pay any more rental advance.If any harassment is caused 2 evict u forcefully only then file a civil suit for permanent injunction .
H. S. Thukral
(Expert) 26 June 2011
Rent Controller shall have no jurisdiction to fix the rent.
May I correct you Mr. Prabhakar that notice of 15 days is required if there is no written agreement.
Ghanshyam Mishra
(Expert) 26 June 2011
This is all because of absence of written lease agreement in such kinds of transcations written and registered agreement is a paramount requirement in order to avoid arbitrary actions from either of the parties. The lease agreement should be a balanced and meticulously drafted leaving no ambiguity.In the present case the land lady has got upper hand and the tenant can only protect himself from being thrown out forcibly by approaching court seeking stay but has to make the payment of agreed rent so long he stays in the premises.
Ghanshyam Mishra Adv. 989979006
Advocate. Arunagiri
(Expert) 26 June 2011
Mr.Singh,
Please See Sec.9 of the Delhi Rent Control Act.
The rent controller is having the power to fix the standard rent, on the petition by a landlord or tenant.
Ajay Bansal
(Expert) 27 June 2011
Demanding of additioal deposite by landlord is prohibited by law in any circumstances.File a civil suit for injunction against lanlord.
H. S. Thukral
(Expert) 27 June 2011
Rent controller under DRC shall have no jurisdiction if agreed rent is >3500 pm .
Guest
(Expert) 27 June 2011
Some respected members have presumed as if there is no written lease agreement for some fixed period, but the author of the question has not yet tried to clarified the position what is the duration of lease. The author of the question should therefore come forward to clarify the position about existence of any written agreement and if so for what period, instead of getting contradictory solutions.
