Legal Question in Real Estate Law in India
I took a house for rent under Leave & License agreement (agreement not registered by notary) for 11 months. My owner asking me to vacate house by giving one month notice as per clause in agreement. But owner want to pay my advance back only after I handover keys to them. They stay in US and not confirming date for paying my advance back, whereas I asked them to have 3rd party person as mediator, they are not even agreeing for that. I don't believe my owner as I came to know that she betrayed previous tenants in similar way without paying advance on time. How can I proceed legally with my owner on this point?
1 Answer from Attorneys
Dear Client,
Do not vacate the premises under any circumstances, obtain receipts for rent or ctedit it on account clearly issuing cheques written towards rent of such and such month with year. If you are so particular that you need to vacate sent a notice prepared with the help of an advocate duly signed by you that you are planning to vacate the premises on such and suc as per the terms of the deed on return of advance amount by cash or dd or cheque subject to realisation or the advance will be adjusted towards rent and give the details of month and date whrere the advance money exhausts as rent and send this notice by refistered post acknowledgement due to the address of the owner and power of attorney holder if any. And if no reply is seen with in 14days of receipt by your landlord start adjusting amounts from next month onwards and send a registered letter statimg that this month january 2014 rent is adusted as per.notice dated so and so sent to you, tje remaing amount is so and so and the date of exasting of advance must also be given. Please note if you vacate the premises you will have to walk behind him. If you need any clarification just call me on 09387714156 anytime.