Unexpected Fallout With A Friend

@hridhaya, simple she assumed she can get away with it, using any loophole available..in this case no written agreement binding. i believe the 11 months rental agreement is a bane in most of the indian states..

yes, it was more, but she has been clear with her dealings.. she put her interests above the friendship..and there are many that do that. trust your gut instinct as i always say, your discomfort should have made you have a more clear agreement..just saying..

11 years in the forum, have helped a few find homes, got them housing loan contacts, and much more..i get a thank you from the loan manager or the rep of the hfc company, while the person who kept flooding my inbox never mentions that they have moved into their home, some of them still message me as if they are entitled, if i enable it, it is me who is at fault.. .. while i have such good friends i catch up anytime from where i left, so i just think some gains and some losses.. a bad apple just remove it, don't allow it to rot the whole baskt. next tim, go and visit the apartmnt, and if she croses your path, just nod your head smile and move on ..we are better than them... people come in different shades.. chalk it up as a learning curve.

 

OP,
She must have assumed that you dont need money as you are a NRI now. She might be jealous of you and also greedy, that's why conveniently forgotten the 1500 rs that she owed you.

Anyways trust your gut feelings from now on.

 

REally, painting expense is to be borne by the tenant? I always thought since it was kind of a regular maintenance thing, it was the responsibiliy of the owner, unless the tenant changed the color of the wall or something!!

 

@hridhaya,

Thank you for sharing the full details of the lease agreement. After reading this carefully, the following are my views:

1) Now, I understand that there are no reference to previous lease in the new lease. The owner negotiated for 3 months in the last minute when you have requested for 11 months in which case 2 months notice might have been applicable. Unfortunately, the 2 months clause were left out despite the lease period is reduced to 3 months. However, there was another clause requesting you to notify them about extension by 15th October and you have notified on October 1st your intention to vacate. Did you give that notice in writing?

2) If you have given a written notice as per the clause, you have complied with all clauses as per the agreement and there is no need for any deduction towards notice at all. 2 months clause is only applicable, if the lease is extended beyond 3 months. For the first period, the notice is only 1 month as given in the agreement.

3) There is nothing payable against painting. Norms based on city won't apply unless it is in writing. You are certainly not liable to pay anything towards painting. Even morally, you have stayed in the apartment for 15 months despite change in the ownership and therefore, owner should take responsibility for painting.

4) Regarding car park, even if there is a norm that parking fee is payable based on the practices in the apartment, if it is verbal agreement, she has a right to determine not to park at any time even she had been doing it for 5 years. As a good friend, she should have informed you ahead but for some strange reason, she didn't do it and legally you can't claim anything.

5) Regarding what you left in the apartment, the landlord owes nothing as mentioned by me earlier.

Frankly, your friend has taken you for a ride as you have migrated to the US. If you like to recover the excess amount, you can issue a legal notice. Considering the legal process to sue and recover the amount would be more than Rs 45,000, it is not worth pursuing especially as you are no longer in India.

In my view after reading all the clauses, you have complied all the clauses. You should continue to meet with your other friends in the apartment complex and this money-grabbing friend should not be on your way in building friendship with others. Regarding this landlord cum friend, it is up to you to deal with her the way you like considering that she cheated you for Rs.45,000.

@peartree, @armummy and @Rihana are all right in their judgment now that you have provided all the clauses in the agreement.

Viswa

 

I am still not clear if you stayed till nov 15 and paid 3 months full rent.

If you have the 60 days contract is not binding at all, you have a case there , you should try to get a lawyer and at least issue a notice.

Painting I never heard that tenant has to do it. That seems excessive ... owners should bear that cost. But different rules in different cities , so you may not have a say in it.

 

@hridhaya,

You are right. It is not worth pursuing it legally and it is the friendship they ruined through their action. It is water down the bridge and it is not worth pursuing legally. Now, it should be considered as lesson learned and move on.

They are arguing both ways. If you needed extension you should have contacted by October 15th and if you wanted to leave you should have told them on September 15th. What would have happened if you had stayed requesting for extension on October 15th and you couldn't agree on terms? They are making futile arguments. What is the use of having a lease term, then? Is it redundant?