Hi Respected experts,
My house owner refuse to pay the rental advance and they are dragging. Also using abusing words.
Now they sold out their house. Please help / guide me to tackle the situation (getting refind of rental advance)
Sinple 10 November 2020
Hi Respected experts,
My house owner refuse to pay the rental advance and they are dragging. Also using abusing words.
Now they sold out their house. Please help / guide me to tackle the situation (getting refind of rental advance)
G.L.N. Prasad (Retired employee.) 10 November 2020
Contact a local advocate and issue a legal notice to landlord with all such documentary evidence. Explore the possibility of whether he can be dragged into the Consumer forum as you have availed service and paid consideration as rent.
P. Venu (Advocate) 10 November 2020
Yes, serve a legal notice. That is the only viable option unless the amount involved is substantial and covered by a written agreement.
Sinple 10 November 2020
Respected experts,
I have rental agreements handy and all my payments are online.Their voice and text mesaages recorded.
Thanks for your advice.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 10 November 2020
1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
3. You may also prefer to file a Recovery Suit in the local Civil Court, for recovery of your amount, by following due procedures of law.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Sinple 10 November 2020
Hemant Agarwal sir,
Thank you so much.
Is it also possible to file any case for selling their home without doing my settlement?
H.JanakiManohar Rao (lawyer) 11 November 2020
Dr J C Vashista (Advocate) 11 November 2020
How much money is involved as advance payment of rent in the subject ? If it is in few thousands or more, proceed as advised by expert. However, if the amount involved is meager just forgive and forget.
Sale transaction of the house which was earlier rented out is valid.
Sinple 12 November 2020
Hi Respected experts,
Tbanks for your inputs.
The final settlement after deductions is 25K. They are dragging and harrassing. I dont want that money to be wasted.
If I understand correctly before selling a property the related debits/ credits has to be cleared. Please help to understand the related law properly.
P. Venu (Advocate) 21 November 2020
The outstanding rental advance, if any, does not run with the property but is personal against the owner of the property.