Lease agreement for house
Bala
(Querist) 20 March 2015
This query is : Resolved
Dear Sir/madam
i have been staying in a house for the past 4 years. i am staying there under lease agreement for the amount of 4 lakhs. i wrote the agreement in 20Rs bond sheet and get it signed with house owners 4 years back for 2 years (not registered). At the end of 2nd year (3 months before expiry), i had a discussion with owner. They agreed to extend the lease for the same amount. but when they came for extension (signing), they claimed one more lakh to extend the agreement. i refused to pay 1 more lakh and planned to vacate the house. After having couple of discussions, they agreed to extend the lease with same amount. we planned to sign it on last day of agreement expiry. On that day, they refused to sign it. then i sent registered post with in couple of days (After expiry date), they did not turn up and mentioned in my letter, if you are not replying back, it will be considered the lease agreement is extended for next couple of years from the date of expiry. Actually they are not capable to pay my money back to me but quarreling with me.
Now i am at the end of 4th year. now i wanted to get my money back for sure. what should i do now? will i get my money if i approach leagually.
I request your advise on the same.
Thanks.
Dr J C Vashista
(Expert) 20 March 2015
What do you mean by saying "under lease agreement for Rs. 4 lakhs?"
Presuming this amount is security kept by landlord, the agreement is invalid and cannot be enforced since it has to be compulsorily registered due to the period of 4 years.
However, if any receipt of money (Rs. 4,00,000/-) has been there you can go for its recovery.
For further clarification/advise go to my profile and press the button "Click to talk".
Dr. (Maj) J C Vashista, Advocate,
Consultancy Room, Lawyer's Chamber Block,
Delhi High Court, New Delhi-110075
Cell# 9891152939 email: majjagdish@yahoo.com
malipeddi jaggarao
(Expert) 20 March 2015
No legal recourse as the lease deed is not registered. You will have to keep the possession till they are capable/interest to pay your money back. You can have a discussion and advise them to find out another tenant for pay your money back.
ajay sethi
(Expert) 20 March 2015
continue to remain in possession till your security deposit is refunded . write to lessor that you are willing to vacate on refund of your security deposit of Rs 4 lakhs
Rajendra K Goyal
(Expert) 20 March 2015
The query has a no. of gaps and supplementary information is required, consult local lawyer.
Bala
(Querist) 20 March 2015
Thank you very much for your advice. Is there any chance to refund my money back, if i go to police station / court. otherwise, do i need to stay in the same house when the lessor is capable to pay my money back.
"lease agreement" - it was mutually agreed document between myself and lessor. we both signed in the document with help of document writer, 4 years ago.
alexander
(Expert) 20 March 2015
I do hope that your "lease agreement " is duly witnessed by two witnesses.
2. What monthly rent are you paying. Can you have it adjusted against the security deposit till it is exhausted and over to cover any extraneous expenditure incurred by you..
3. Pl follow the Course as suggested by Dr (Maj) Vashita ji and Shri Ajay Sethi ji
Alexander
nom de plume
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
The lease agreement is on thee basis of the deposited amount without any rent till the period of agreement, right? If that is so, you have no option than to wait for him to return the money and to stay in the house until then, or you can file a money recovery suit on the basis of lease agreement, however for that also you should make sure that it is not barred by limitation and that you should have vacated the house to claim the money through court otherwise the case is not maintainable.
Issue a legal notice to the landlord stating that you are vacating the house on expiry of the extended lease period which expires on ..... and ask him to return the security deposit amount of Rs. 4 lakhs on the date of vacating the house, let him confirm the liability after which you can proceed wtih legal action as per law.
