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Advance amount not received from landlord how to get it back
16-May-2023 (In Landlord/Tenant Law)
We had been staying at a rented property for nearly 11 years. Paid rent throughout without fail. Around 3 months back, the landlord asked us to vacate without reason. I vacated the house by April 30 & informed well in advance to pay back the advance. Landlord demanded 30k for painting & cleaning charges whereas the advance is 1.5 lakhs. I promised to get the house painted & got it done within 3-4 days. However the landlord is refusing to pay back the advance since she wants the house to be in same condition as rented(!) With all doors/Windows/wardrobe painted. The agreement talks about painting charges only, no details. It's been 2 weeks & I have sent a formal letter as per an advocate's advice to her that I have vacated & finished the painting, nothing I owe as further charges/rent. 1) Also the landlord is claiming that she wants full house painted (doors etc) as per lawyer advice. Is this correct? 2) landlord also claims that till I handover the keys, tenancy doesn't end.
If you have document having paid the advance amount you get it through court. You need not pay anything further. Never return the keys to her. Ask her to take the keys in Court. File a miscellaneous case in court and deposit the keys in court. Remaining advise in person.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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You can file the case against them then landlord must also return your advanced money within 30 days from the day you move out of your house.There are two exceptions to this rule. First, if you are a tenant with a written lease, a landlord does not have to return your advance amount until 30 days after the "end of the tenancy" as specified in the lease, even if you actually leave sooner. Second, your landlord can use your advanced amount to pay for certain expenses. Whatever they must return your amount as per law .
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Adv. Vedashree A
Bangalore | 500+ Answers
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