Advocate Anuja S

Questions Answered by Advocate Anuja S (25+ answers)

Q: Non payment of rent of rent with registered Leese Deed

I had given my property to tenant for 5 years with Registered Leese Deed. from 2nd year he faild to pay my rent. several SMS and Email he did not respond.I submit a case in Civil City Court in 2019. The final judgment on 05/01/2024 is: The suit of the plaintiff is hereby decreed with cost. The defendant is direct to pay total sum of Rs...../ to plaintiff No1 with 6 percent interest P/A. The defendant directed to pay total sum of Rs..with 6% interest P/Ato plaintiff No.2 Dreaw decree accordingly.

Advocate Anuja S answered
Hello friend...!!!Congratulations. The Court decree is in your favour. The court has ordered the tenant to pay you as mentioned in the Decree. Now that the three months have lapsed from the date of decree, if the tenant has not made any payment, you have to file an Execution petition before the same court praying to execute the decree. If an execution petition is filed within two years from the date of decree, the court shall issue an attachment warrant against the tenant directly without issuing notice. At the time of attachment, the Court Ameena will come to the property to execute the warrant. If the property is under lock, then he will file a report to the court saying the door is locked. Then the court is supposed to issue an order for breaking open the lock of property and the Court Ameena will do as directed by the court and upon breaking open the lock, he will make a list of property belonging to the tenant and submit the same to the court. If the tenant does not appear even after that, then the Belongings will be sold in auction and the decree amount will be recovered from that.

Q: What is the meaning of “LPP filed objections”

Please explain briefly on “LPP files objections” What does it means ? And what happens after this.

Advocate Anuja S answered
Hello Friend...!!! LPP stands for Learned Public Prosecutor. LPP filed an objection simply means Learned Public Prosecutor has filed his statement of objection to Petition, application etc. Thank you.

Q: Deducted hefty security amount

I occupied the flat in March 2020 -with 19K rent + 2k Maint. Later year the rent was not increased but the landlord came back in 2022 and increased the rent by 10%. Now it was 21K rent + 2K maint till Jan 2024. 11th Dec I informed him of vacating and I left the flat on 30th Jan 2024. I got the below details of deduction from him - 35K Paint + 46K 2 months rent +2K LED lights 14K 5% increase + 15K granite cleaning. As per the agreement it was only paint included.

Advocate Anuja S answered
Hello Friend...!!! At this juncture, you can issue a legal notice asking your landlord to return the advance amount by making the necessary deduction as per the rental agreement only, within 15 days from the date of receipt of the legal notice. Failing which necessary legal action will be initiated. You also state that You have left the rented property in the same condition as handed over to you by the landlord. And also state the fact that you have regularly paid the rent, maintenance, electricity bill, water charges and also borne the other wear and tear expenses of the house. Further the yearly rent has also been increased yearly and you have paid the same. For further query, do contact.

Q: Tenant has signed the rental agreement and he needed to cancel

I have given a shop for the rent on may 15th (me and tenant has accepted and also signed to rental agreement for 11 months). The tenant has seen other better shop and he is planning to shift to it. On may 20th he handover the keys to me and asking for the deposit. As a owner what action can I take legally orHow many months rent can I deduct from the deposit......

Advocate Anuja S answered
Hello Friend...!!! You have to act according to terms of your rental agreement. If, 3 months notice is mandatory in the rental agreement for terminating the tenancy within 11 months of agreement period, then tenant have to issue three months notice before termination. BUT ONCE YOU HAVE ENTERED THE RENT AGREEMENT AND TENANT IS TERMINATING THE TENANCY BEFORE COMPLETION OF 11 MONTHS OF AGREEMENT PERIOD, THEN YOU ARE ENTITLED FOR THE RENTS OF 11 MONTHS. If you have not taken the keys, issue a legal notice to your tenant asking him to pay the rent for 11 months and return the keys. For further clarification. You can contact.

Q: They are taking my bike 2 months get my bike service done

Hi,They are taking 2 months to service my bike whenever I am asking they are telling we are doing R&D or we ordered the part it's in transit there is no ETA provided or till now no update or what is the status of the bike or when it will be delivered and because of which my daily routine is getting affected and no compensation was also provided.Note:I took bike 2 years ago only and it has completed 13000 KMS only which should not cause engine issue or damage this soon.

Advocate Anuja S answered
Hello... It is advisable that you issue a legal notice calling upon them to set-right the issue in vehicle within 15 days from the date of receipt of the notice, failing which necessary legal action will be initiated.If reply is not satisfactory or if no reply is given, then file a consumer complaint before the state consumer dispute tribunal alleging deficiency of service. Do keep all your bills and other receipts safely. All the best...!!!