Dear members
This is about a dispute with my landlord with respect to settlement of rent.
I had rented a place for Rs 4000 per month in Oct 2008 on paying a deposit of Rs 40, 000. I continued paying the rent without fail till Dec 2010 for a period of 26 months (even though I occupied the place only for 4 months in whole- 2 days once, 10 days once and so on).
From Jan 2012, I suffered huge financial losses and then, a few months later in September 2012, suffered from serious health problems which required specialized treatment to keep me alive. As a result I did not pay the rent for the premises from Jan 2012.
Just before the expiry of 10 months (the deposit of Rs 40, 000 covered 10 months in rent), I was issued a notice by the landlord's lawyer that as I had not paid up the rent till then, I had forfeited my deposit and a list of all the articles belonging to me was listed, thereby hinting that the place had been cleared by the landlord and was ready to be alloted to any person who wished to rent it.
I should mention here that I did not contact the landlord at all, even in the form of a phone call, regarding the rent to be paid by me in the period between Jan 2011 till recently, that is May 2012. I had more pressing matters to attend to and I failed to communicate with him.
Among the articles of mine currently in the possession of the landlord is a Macbook (Apple laptop). I went over to the landlord's premises and appraised him of my current situation, and in view of my current financial status requested him to part with the laptop so that I could use it to complete my software assignment (I work as a software professional and I need the laptop as I have to work at the client's place during the final stages of the assignment). Personally he was sympathetic to my situation. He then took me to his lawyer's office and in the presence of the lawyer I once again requested him to part with the laptop till the completion of the assignment, after which I will be paid for my work, and then I could pay any of my dues to him.
Upon the lawyer's and other's advice he refused.
I was informed by the lawyer that I had to pay for 4 months of rent from Oct 1, 2011 (when the deposit amount of Rs 40, 000 expired) till Feb 1, 2012 because I had caused a "loss of income" to his client. The 4 months rent @ Rs 4200 per month amounted to Rs 16, 800 and a further Rs 5000 was due by me as "Painting & Cleaning" charges and hence I owed my landlord Rs 21, 800 in total.
The landlord mentioned that another tenant had occupied the room since a month and let us presume he took over in March 2012.
My question here: Am I liable to pay the amount of Rs 21, 800 here to get my possessions since a notice was already issued to me in sept 2011 hinting that I no longer was a tenant of his as I had forfeited my deposit and failed to contact him during the entire period of 10 months? If the landlord has adjusted the rent due to him against the initial deposit, is a tenant still liable to pay further rent as decided upon by the landlord as "loss of income" to him?
Can someone here kindly answer this for me?
[The landlord later mentioned to me he was willing to forego Rs 6000 from the amount due to him and asked me to pay Rs 15, 800 and take over my belongings.]
Suresh Kumar
