Know important things before sign the Rent Agreement (How to File a Complaint to Landlord for Rental Property)

Table of Contents

  • What is a rent agreement?
  • Key point of a rent agreement
  • Rent escalation cause
  • Other terms
  • Visit the place
  • Additional charges
  • Period of notice and penalty
  • How to complain to a landlord?
  • What to write in the complaint letter to the landlord?
  • How to complain against your landlord?
  • If the problem is still not fixed
  • FAQs

What is a rent agreement?

A rental/lease agreement is a type of legal document signed between two parties, i.e., the landlord and the tenant, in which they both agree to some terms and conditions related to renting the room/house. Generally, the agreement has to be prepared by the real estate agent hired by the landlord and the tenant. Once the signatures of both parties are on the document, the validity of the document begins. The agreement has to be signed in the presence of two witnesses (one of each party). The number of witnesses can be increased.

Rental Agreement

The key point of a rent agreement

  • Rent amount
  • Rent payment date
  • Security amount
  • Rent tenure
  • Fine for late rent fee
  • Renewal of the agreement
  • Facilities provided
  • Rent escalation clause

Rent escalation cause

The tenant has to check whether the rent escalation clause is included in the agreement or not. According to the rent escalation clause, the rent can be increased after a certain period, say like after six months. If the escalation clause is not mentioned in the agreement, then the landlord cannot increase your rent before your current agreement expires.

Other terms

Check for the ‘clause on the sale of house’. If the landlord sells the house during your rental tenure, you have the right to know what will happen to you or how many months will be given to you to find a new place.

Visit the place

Before you sign the lease, visit the place once. Check the condition of the house. Whether the amount you are about to pay is reasonable enough for it or not. Inspect the doors, windows, walls and appliances provided. It is the responsibility of the owner to hand over the house in a good condition to the tenant but to ensure, check everything by yourself.

Additional charges

The agreement must have the terms and clauses related to the extra payments like water bills, electricity bills and society maintenance. The tenant has to check all the facilities he will receive, and amongst those, which are free or which are paid, and if paid, is the price for them reasonable.

Period of notice and penalty

If anyone fails the agreement, the agreement will become invalid, and the victim party can charge compensation charges from the other party. Therefore, the rental agreement should have the terms and conditions for failing the agreement too. Generally, the period of notice is one month.

How to complain to a landlord?

Talk to your landlord about the problem you are facing. Ask him to resolve them as soon as possible. If the landlord refuses to listen to your problem, write a legal letter to him complaining about the troubles and asking him to solve them. It is the duty of the landlord to solve all the problems faced by his tenant during the tenure of his stay. But the tenant cannot send a legal letter to the landlord ‘if something about the landlord will not take care of the maintenance and issues of the rented property is written in the rental agreement.

What to write in the complaint letter to the landlord?

  • Details of the problem you are facing
  • Include pictures if possible
  • Suggest a reasonable and affordable solution to the problem
  • Mention how the issue started
  • Explain the consequences if the situation is not solved
  • Ask for the response within a limited time frame

How to complain against your landlord?

Firstly, make a formal complaint as written above. If the landlord ignores your complaint, then report to the local council, they might help you. You can report to the council about:

  • Harassment
  • Repairs that can cause you harm
  • Unfair or dishonest trading attitude
  • Illegal eviction

If the problem is still not fixed

You can complain to the court, but it is an expensive method. So be careful and make the right decision before moving your case to court. The court has to take your case if you were-

  • Discriminated against for something
  • Illegally evicted
  • Harassed by the landlord
  • Not returned the deposit

FAQs

Who pays for the maintenance?
Before moving in, the landlord pays the maintenance amount. After the tenant move in, it depends on the terms they have signed the rental agreement.

Who prepares the agreement?
Usually, it has to be drafted by a real estate agent hired by the landlord and the tenant.

Who will bear the cost of the rental agreement?
The tenant bears the cost of the rental agreement.

What is the price of the 11-month rental agreement stamp paper?
₹100 – ₹200

Who keeps the original copy of the rental agreement?
Normally, the landlord keeps the original copy of the agreement signed.

file consumer complaint india

If you have any complaint against real state companies or flat and home rental service providers then you can file a complaint against them at Voxya an online consumer complaint forum that helps consumers to get a replacement, refund, and compensation from the company or the seller.

Trusted by 1 Lacs+ consumer across India.

Voxya resolves many consumer complaints against the brands like Nestaway, Colive, Nobroker, Propurban, etc.

How to find apartments for rent in Bangalore?

find apartments

Table of Contents

The Silicon Valley, the greatest IT hub, and one of the finest metropolitan cities in India, whatever be the name, one will always get to know which city I am referring to. And if you guessed it right, bingo! Bangalore, now known as Bengaluru, the capital city of Karnataka, is located almost near the Western Ghats, nearer to the Deccan Plateau in India. Famous for its weather and environment, it has become a favourite tourist spot and the first choice for migrators and job locators.

It is now home to 85 lakh people and a wide range of industries. From heavy metals to electronic and telecommunications, from mining to finance, every sector has made its position in this city. How will it not attract job seekers?! A lot of people work in small, medium, and large sector industries in this city. After a tiring workday, one needs a roof to rest. And it is where the hunt for a home comes into place.

How to find apartments in Bangalore?

  1. Search the net – The first thing that everyone must do is to search online. Look for places that are safe and secure. You cannot trust a particular website. So look for the results that are most common in all the searches. It will give you an idea of where to find your dream home.
  2. Talk to your friends – Communicate and connect! Talk to your friends, your friends’ friends, their friends, to have a vast reach for your home search.
  3. Always believe your eyes – One should not blindly trust others for locating a house. Travel with your colleagues, friends, and relatives 15-20 days before for a better home hunt process. Check the reality with your own eyes and make notes of what you see. Don’t be lethargic to use a pen and paper.
  4. Contact different brokers – Don’t rely on a single broker for a rental apartment. Try to contact various real estate brokers that match your budget and conscience. Always try to reach different brokers in a single area. It will give an idea regarding the range of the place, its security, and whether the locality has a safe environment or not.
  5. Beware of scams – Scam is everywhere. The 21st century it is! People are easily fooled by the brokers or landlords of the apartment. They will try to convince you in every possible way they can, but you need to stay alert. If you are a victim of any scam caused by someone, inform the police or legal authorities at once.

What are the best areas to live in Bangalore?

Bangalore is a very jolly and lively city. Of course, no city is as pure as milk. The same goes for Bangalore. Still, Bangalore ranks above Mumbai and Delhi in terms of safety against women. The nightlife is peaceful, leaving a few where there can be unwanted incidents. Law and order are maintained strictly within the city. There are various shopping malls, parks, and food corners all across for refreshments.

Find Apartments

And not forget the pleasant all-season weather. Most Bangaloreans are fond of this weather, hardly seen in any of the cities near the coastline. By this, one can choose any locality for a rental apartment as most of them to provide home-like surroundings.

But they don’t come in everyone’s budget! Budget is the criterion that bifurcates these localities to choose for a living. According to the budget, the best areas to live in Bangalore are-

Low budgeted areas

AreaSpecialtyApproximate Price
BasavanagudiOne of the oldest towns in the city, well-developed neighborhood, busy markets, various educational institutions, pleasant greenery and lakes, the large availability of independent and luxurious homes.₹15,000-₹35,000 for 2 or 3 BHK

₹26,000-₹50,000 for luxurious homes
KammanahalliGetting a rental apartment is very easy in this area, famous amongst families, students, and working professionals.₹5000-12,000 for 1, 2 BHK
MalleswaramOne of the best-planned areas, affordable, vast connectivity with other areas in the city.₹7000-₹8000 for 1BHK
Electronic CityThe hub of giant IT companies, including Wipro, TCS, Infosys, Tech Mahindra, HCL, and many more, filled with food joints, consists of 4 phases at present.₹8000-₹35,000 for 1, 2, 3 BHK
MarathahalliAn emerging locality in the city, famous for cheap houses and fine residential areas.₹8000-₹30,000 for 1, 2 or 3 BHK
BellandurSituated near the Bellandur lake, passes through the outer ring road that makes it an important locality for migrators, currently, it is witnessing a huge housing development around the area.₹15,000-₹60,000 for 1, 2 or 3 BHK
YelahankaOne of the cleanest areas in the city, also the quietest, loaded with fastest-growing townships, flats will suit everyone’s budget and lifestyle, a perfect area to live a peaceful and calm life away from the city life.₹6000-₹15,000 for 1 BHK
HebbalSituated near Hebbal lake, famous for affordable residential homes that can come under everyone’s budget.₹6000-₹10,000 for 1BHK

Moderate budgeted areas

AreaSpecialtyApproximate Price
BTM LayoutThree layouts, viz. Madiwala, Tavarekere and Bommanahalli make the BTM layout, close to Electronic City, modern infrastructure, a famous area for students and bachelors.₹14,000-₹50,000 for 2 or 3 BHK
WhitefieldOne of the famous areas for IT professionals, close to many international and national offices, a buzzing commercial and residential hub, the main junction between highways connecting Vizag and Hyderabad.₹12,000-₹18,000 for 1BHK
JayanagarPresence of large residential and multi-story apartments in this area, located near the Bengaluru City Junction railway station, connected to the metro as well.₹7000-₹15,000 per sq. ft.
HoskoteAn emerging locality in Neo-Bengaluru, a very good option for rental flats and apartments, is located near the intersection of two National Highways 4 and 207.₹7000-₹10,000 for 1BHK
KengeriLocated on the west side of the city, known as the satellite town because of various telecommunication facilities, connected with outer ring road and Mysore road.₹10,000-₹15,000 for 1BHK
SarjapurExcellent connectivity with Electronic city and Whitefield, good place for families because of the presence of numerous malls, restaurants, and multiplexes.₹8000-₹20,000 for 1BHK

Posh or expensive areas

AreaSpecialtyApproximate Price
KoramangalaA wide-known residential hub, everyone wants to own a piece of land in this corner of the city, famous for villas and low-rise apartments, major businesses reside around this area.₹9,000-₹22,000 per sq. ft.
IndiranagarA well-established residential and commercial locality, known for its finest infrastructure, accessibility and strong connectivity.₹25,000-₹50,000 for 1BHK
HSR LayoutOne of the famous posh hubs of the city earlier was filled with water, now filled with clubs, trees, avenues, cafes and restaurants, one of the high-speed developing areas in the city.₹5000-₹8000 per sq. ft.
M.G. RoadLocated at the centre of the city, surrounded by lavish malls, restaurants, shopping areas, offices, and pubs, no doubt why the prices are high around this place to rent a flat!₹15,000-₹60,000 for 2 or 3 BHK
Richmond TownAs the name says, suitable for people with fat salaries, mostly riches live here, located near to MG road and well-connected to other parts of the city.₹15,000-₹45,000 per sq. ft.

Now, it’s over to you! It’s over to you whether to choose a single or a double room apartment or rent a complete duplex/triplex. Ensure to check electricity, water, Wi-Fi (if you need it), security, and other facilities before your shift. Double-check the charges, taxes, and rents. Maintain proper documentation of all the formalities and processes done while acquiring the rental house. All the best in choosing the home of your dreams!

Disclaimer – The data is subjected to change over time. Thoroughly do your research before migrating. Your risk is in your hands.

file consumer complaint india

Hope the above methods help you to find apartments for rent in Bangalore.

If you are facing an issue with a real estate company, home and flat rental company, security deposit issue, etc, then you can file a complaint online at Voxya an online consumer complaint forum that helps consumers to get a replacement, refund, and compensation with an optimal solution.

Voxya is an online consumer complaints forum trusted by 1 Lacs+ consumers across India.

How to send legal notice against deficiency in service?

legal notice

Table of Contents

  • What is a Legal Notice?
  • Importance of filing a Legal Notice
  • In what cases can we send legal notice?
  • What do you mean by a deficiency in the service?
  • Important elements in sending a legal notice for deficiency in service
  • Who can send a legal notice for deficiency in service?
  • When to send a Legal Notice?
  • How to draft a legal notice for Deficiency in Service?
  • Best practices on sending legal notice
  • The procedure of filing of a Legal Notice
  • Replying to Legal Notice (What should you do after receiving a legal notice?)
  • FAQs

What is a Legal Notice?

A legal notice means a letter written in clear and straight-forwarded words to a person or an organization to do or not to do certain acts, failing to which the sender can file a lawsuit against the receiver. It is an act of communicating formally between two or more parties that the sender intends to take legal action against the receiver/s. It is the first step while filing a lawsuit.

The person who sends the notice is called the sender, whereas the person or organization that receives it is called the addressee. The sender provides some time to the addressee to resolve the issue or present his side in court.

It has several advantages. Few of them are-

  • Saves money
  • Saves time
  • Reach common consensus
  • Provides a reasonable and fair chance

Importance of filing a Legal Notice

According to the lawsuit, the notice is an act or reminder for the receiver from the sender. The receiver needs to visit the court if he fails to do whatever the notice says.
A legal notice depicts the intention of the sender towards the addressee of filing a lawsuit against him.
The sender can easily express his grievances in the notice with the help of a lawyer.
It gives some time to the addressee to resolve the issue before he visits the court.

In what cases can we send a legal notice?

  • Non-payment of salary
  • Matrimonial issues
  • Issues related to property
  • Payment of insurance claims issue
  • Problems related to negotiable instruments
  • Sexual harassment

What do you mean by a deficiency in the service?

According to Section 2(1)(g) of the Consumer Protection Act 1986, “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise about any service.

According to Section 2(1)(o), “service” means service of any description which is made available to potential [users and includes, but not limited to, the provision of] facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, [housing construction,] entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; “spurious goods and services” mean such goods and services which are claimed to be genuine but they are not so.

Important elements in sending a legal notice for deficiency in service

The service shall not only be available to its actual users, but also to those who are fully capable of using it.
Any person cannot send a legal notice for deficiency in service if the service provided is free of cost. For instance, if you take medical supplies from a charitable dispensary, you cannot sue the dispensary for the deficiency in service.
The service provided should not be under any kind of contract of personal service.

Who can send a legal notice for deficiency in service?

Section 2(d) of the Consumer Protection Act says that consumer means any person who –
buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person but does not include a person who obtains such goods for resale or any commercial purpose; or

hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first-mentioned person, but does not include a person who avails of such service for any commercial purpose.

When to send a Legal Notice?

Only civil cases have to be filed using legal notice. The criminal cases have to be registered through warrants issued by the State. The cases in which legal notice has to be sent are:

  • consumer complaint issues like a false advertisement, faulty products or misleading the public
  • property issues like
  • eviction of the tenant
  • issue of partition between family members
  • delay of the builder is handing over the property

How to draft a legal notice for deficiency in service?

The notice should have these essential points in it:

  • name, description, address of the office or the place of residence of the addressee
  • name, description, address of the office or the place of residence of the sender
  • details of the issue
  • the relief claimed by the sender
  • a detailed explanation of the service purchased which caused all the trouble
  • amount to be claimed as the compensation
  • the time within which the addressee can resolve the issue

Best practices on sending legal notice

  • always keep copies of the notice with you
  • if there is a logo of the lawyer, prefer colour printouts of the notice
  • contacting a lawyer to draft notice is recommended
  • both the client and lawyer should be present
  • make sure the notice is drafted in the lawyer’s letter pad
  • post the notice in the envelope that has the lawyer’s logo on it, ask the lawyer to provide you with such an envelope

The procedure of filing a legal notice

  • Look for an advocate with good drafting skills.
  • The notice has to be sent in any Indian language (English preferred).
  • All the details have to be mentioned in the notice.
  • Explain all the issues and matters to the advocate.
  • The advocate examines your case.
  • After making pointers from your explanation, the advocate starts drafting the notice.
  • Provided around 15-30 days for the addressee to settle the matter by negotiation.
  • The notice has to be signed by both the advocate and the client.
  • The lawyer keeps a copy of the notice with him.
  • Depending on the response from the addressee, the lawyer updates the sender about the notice and further plans.

Replying to Legal Notice (What should you do after receiving a legal notice?)

If you receive a legal notice, it is recommended to reply to the notice within the given time frame. While replying to the notice, keep certain points in your mind:

  • Read the notice properly, read about the issue raised by the sender and the compensation price.
  • Contact your lawyer regarding the notice you receive. Keep your limited time frame in your mind.
  • Discuss with your lawyer what to do with the notice, and choose the advantageous path.
  • Ask him to draft a proper reply to the legal notice.
  • Send the reply to the sender. Keep a copy of the reply with yourself and your lawyer.

FAQs

Can I send legal notice by WhatsApp?
Yes, legal notice over WhatsApp is valid under the law. The blue tick is the evidence that the addressee has seen the notice. It is recommended to keep a copy of the notice printout with you and send it to the addressee as well.

Is it compulsory to send a legal notice before filing a case?
No! It is not compulsory. But it becomes compulsory to send a notice under Section 80 of the Code of Civil Procedure when a person is planning to file a suit against the Government or Government body.

How to send a legal notice to an employer?
The notice has to be sent over email, WhatsApp or by courier.

Can a legal notice be sent by email?
Yes, legal notice over email is valid under the law. It is recommended to keep a copy of the notice printout with you and send it to the addressee as well.

Is it necessary to reply to a legal notice?
No! It is not necessary to reply to the legal notice, but it is highly suggested to answer within the given time frame to avoid further issues.

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Also know: Most Affordable Option to send a legal notice in India

How to get a refund of the security deposit from a Real Estate Company?

security deposit

Table of Contents

What is a security deposit?

Security deposit is a sum of money given to the real estate broker as an assurity to move into the house. The real estate company charges a certain amount of money from the people willing to buy the property. The security money can be both refundable and non-refundable, depending upon the policies of the real estate broker.

This security deposit can/not be adjusted the total amount of money the buyer has to give to the real estate broker. It can be kept as caution money, i.e. the money needed to make repairs or replacements if any damages occur from the buyer’s side. It is usually 2-5% of the total amount that the buyer needs to pay to the real estate company.

Under what circumstances can I get my refund?

The following are the conditions when one can ask for the complete return of their security money-

  1. The buyer has not done any damage.
  2. A proper contract drafted while purchasing the property that says a complete refund of the security deposit.
  3. You are returning the property within the specified time as stated under the return policy.
  4. The property is well-maintained at the time the buyer is leaving the house.
  5. You have paid all your rents/bills on time, and no pending rents are left. However, if any rents/bills are pending, you may not get your security deposit back.
  6. The quality of the house is not the same as described earlier.
  7. Not providing legal takeover papers of the property.
  8. Issued some hidden charges.
  9. Alteration in the size and layout of the property.
  10. Provided the land in a different area/locality.

How to get the refund back?

Frauds occur everywhere these days. One has to be very cautious while purchasing a property from a real estate broker. One should thoroughly check the papers, contracts, location, and background of the real estate company. Whether the company is legally registered or not, one has to make sure that the company is real and not a fraudster.

Well, time and tide wait for none. If you faced any fraud, here are some legal ways on how to get your refund back.

File a case in the consumer forum

Thanks to the digitisation boom! Now one can hassle-free file a case online. The best part, you may not need a lawyer for doing so. How simple is that! Follow the steps, and you will get your refund in no time.

Step 1 – Inform the real estate company first. It is necessary to send a legal notice to the real estate broker before filing a complaint online.

Step 2 – Visit the official Consumer Complaint Portal here https://consumerhelpline.gov.in/user/signup.php and fill up all the details as asked on the screen.

Step 3 – Attach the required documents and submit the fees. One can find the details of the fees here https://www.gama.gov.in/ConsumerGrivences.aspx. You can submit the fees online or offline via challan to the nearest consumer forum in your district. One can find the nearest consumer court from the list here http://ncdrc.nic.in/districtlist.html.

Step 4 – Track the status of your complaint by entering the docket number and your registered mobile number here https://consumerhelpline.gov.in/user/track-complaint.php.

Step 5 – Call the National Consumer Helpline number 1800-11-4000 or 14404 between 9:30 a.m. to 5:30 p.m. on working days to submit your grievances.

Take help from RERA

Under the Real Estate Regulatory Authority (RERA) Act, 22 states and 6 union territories got RERA to tackle the various problems that occur in the real estate sector. Taking RERA into consideration, every builder or developer has to abide by the rules to ensure proper functioning within the sector.

RERA has several regulatory bodies that look after both commercial and residential properties. It aims to protect buyers from fraudulent activities. One has to visit the respective RERA website of their belonging state to find out other rules and laws that are implemented at their place.

One must make sure that the real estate company is registered under RERA before buying a property. Check the company’s registration and valid details. If the company is not registered or is suspicious, the complainant can file a case by visiting their state’s RERA website.

Understand the power of NCLT

Are you aware of the National Company Law Tribunal (NCLT)? If yes, then it’s brilliant. If no, continue reading the article to it find out. NCLT came into effect under the Companies Act 1956 in the year 2002. It is meant to solve disputes that arise between a corporate and a civilian. It works like a normal court without any biases.

Major roles of the NCLT are-

  1. Register/de-register the companies.
  2. Deals with the deposits of the companies.
  3. Transfers shares/debentures.
  4. It has the power to investigate against any company to prevent illegal practices.
  5. It can freeze the assets of a company if found guilty.
  6. It deals with the conversion of public limited companies into private limited ones.

One can contact the officials of this tribunal for assistance to get the refund back from the real estate company. Find the contact details here https://nclt.gov.in/content/contact-us.

And like always, Voxya will come to the rescue!

One can always contact Voxya for any type of complaint. Just register your complaint here: File a complaint, fill in all the details as asked, and voila! Just sit and relax till they handle the issue. They will give the details from time to time but cannot assure a definite refund from the real estate as that is uncertain and is subjected to various situations at the time of the incident has taken place.

Many cases have occurred in the past related to scams and frauds in the real estate sector. Some companies file double registration for a single piece of land, or some charge extra than the current price of the land. It is necessary to take legal help from different authorities and make sure to stop the culprit from making any such frauds in the future.

One must always keep in mind – Neither there is a guarantee of how much time it will take to get the refund back nor an assurity of getting a full refund.

Consumer Complaint