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Rental advance - regarding
05-Sep-2023 (In Landlord/Tenant Law)
We rented a 2 bedroom flat in chennai for Rs 20000 p.m and we gave six months rent as advance. He has been increasing the rent every year by a thousand. This year also he has done the same and the rent is now Rs.22000. However he is insisting us to pay the differential advance of Rs.12000 or vacate the house within 10 days. The 11 month rental agreement has expired a month ago and we have not renewed it.A small causes court in chennai recently ordered that only one month's rent can be taken as advance. So can we in return demand the landlord to return the extra advance money? please advice
The Landlord Will not return the advance amount for this purpose. He will not be bothered about the court order and will kn turn ask you to approach court for return of balance of advance, further he will be insisting you to vacate the place.
Instead you can do one thing that instead of paying him any advance or rent anymore, better stay occupied in the house until the advance amount exhausts and then vacate the house afterwards as per your convenience. Let him issue a legal notice instructing you to vacate the house for default of rental payment, you should issue a reply notice denying he allegations and keep quite. He will then approach court for evicting you due to default in rental payment, that you can keep challenging it so long you want to stay in the rented house and one fine day he will come for compromise, then you can vacate the premises on certain terms which will be decided then.
Actually he should have eviced you on termination of the original agreement or he should have renewed the agreement, but he has not done anything and also the rent collected by him is exorbitant, so once he approaches the court, you may file a petition seeking the relief under the provisions for protection of tenancy rights and also for fixation of fair rent. This will make him to sit back and think though he will be adopting psychological tactics to put mental pressures on you to vacate by indulging in all types of violent and illegal activities, but you should be undeterred and face the challenges without giving up to any kind of pressure. You can take the assistance of a lawyer if need be to tackle the situations.
Instead you can do one thing that instead of paying him any advance or rent anymore, better stay occupied in the house until the advance amount exhausts and then vacate the house afterwards as per your convenience. Let him issue a legal notice instructing you to vacate the house for default of rental payment, you should issue a reply notice denying he allegations and keep quite. He will then approach court for evicting you due to default in rental payment, that you can keep challenging it so long you want to stay in the rented house and one fine day he will come for compromise, then you can vacate the premises on certain terms which will be decided then.
Actually he should have eviced you on termination of the original agreement or he should have renewed the agreement, but he has not done anything and also the rent collected by him is exorbitant, so once he approaches the court, you may file a petition seeking the relief under the provisions for protection of tenancy rights and also for fixation of fair rent. This will make him to sit back and think though he will be adopting psychological tactics to put mental pressures on you to vacate by indulging in all types of violent and illegal activities, but you should be undeterred and face the challenges without giving up to any kind of pressure. You can take the assistance of a lawyer if need be to tackle the situations.
Helpful?
14+
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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sir
you are correct. but if you had agreed to pay the advance as per the whims of the land lord, you can not claim a return demand. now your period of tenancy has also going to be lapsed so you may refuse to pay further advance to continue the tenancy and claim the excess of one month advance. if the landlord wants evict you for this reason, you can avail the remedies available under the rent control Act.
you are correct. but if you had agreed to pay the advance as per the whims of the land lord, you can not claim a return demand. now your period of tenancy has also going to be lapsed so you may refuse to pay further advance to continue the tenancy and claim the excess of one month advance. if the landlord wants evict you for this reason, you can avail the remedies available under the rent control Act.
Helpful?
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Adv. N Sudalai Muthu
Madurai | 100+ Answers
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