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Need advice in rental issue.

Last activity 24 March 2014 by blackmolly

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chrism54

Hi,
     I just gave my  landlord 480,000.00 cash for a year's rental for my home in Hikkaduwa.  I rented for 6 months the first time..  The first time I paid a lawyer $354.00 USD to "file" some paperwork for the rental agreement. My landlord told me I would need this paperwork for a visa which never happenend.  I asked if we had to do that again and my landlord laughed and said no it wasn't necessary and the lawyer had overcharged us anyway.  I found a solid rental receipt on the web, printed it and his wife (the owner) and I signed it.  We all agreed that was fine.  This was two weeks ago,  Then this morning, I had to call him with an electrical emergency (the sockets were spewing fire...).  This pissed him off that I would bother him so he and his wife showed back up this afternoon.  They stated that because of my actions, they had consulted a lawyer and demanded 96,000 rupees to be pay NOW for lawyers fees.  I think this is just a power play.  I told them I won't pay them a dime. Then they said they could talk to another lawyer who would charge less.  I told them I wouldn't pay another dime and would move out if they needed me to.  I was very nice, but I am not going to pushed around because the were inconvenienced by their property.  I will happily move out even though I know I will never get my years rent back. Is this legal and customary to pay almost 30 percent "lawyers fees" for a rental home?  I only pa 40,000 per month. I pay for all of the repairs and materials myself.
Any  advice or insight would be greatly appreciated.!!
Chris

mal

Stamp fees (including lawyer's fees) is only 5% for agreements or deed transfers

chrism54

Wow! That is hardly the 20 percent they are trying to steal from me!  Thanks for the info!!!

KTtrots

Hi Chrism54,

The standard lawyer's fee for a Rental Agreement (or for any conveyance, for that matter) would be 1%-2% and this is the general practice in Sri Lanka. However, as Mal said some attorneys may charge up to 5% but nothing beyond that.

chrism54

Thank you so much!  The landlord has not spoken to me since I told him I would not give him any money.  He may try to have me arrested or evicted.  But I still will not give in to his strange behavior.  I am hoping he was just having a fight with his wife.  There are too many beautiful homes in Sri Lanka.to fight over this one.. I know he won't return any of my unused rent (480,000 rupee!).  But sometimes a lesson is very expensive.  Your advice is invaluable.  Thnak you!

nayana123

Hi,

Usually when you are getting a house on rent, You are supposed to pay legal fees of about 1% plus stamp duty.And the usual custom is that the Landlord and the other party share the Legal fees fifty fifty between each other.I hope I have cleared your doubts.
And if a Plug socket is spewing as a result of a mistake of yours then you are supposed to fix it.If it was in a state of repair then it is the responsibility of the Land lord to repair it.As per usual procedures you are supposed to return the house as it was when you took up residence.

I am from Maharagama which is one hour drive from Hikkaduwa through the Southern Expressway. If you need any more help please feel free to contact me

chrism54

Thank you so much!  I have learned a great deal abut the workings both legal and not-so-legal here in Sri Lanka.!  I feel much better equipped to deal with his person.

nayana123

(Moderated: Off topic)

KTtrots

Hi Chrism54,

There is no cause for eviction or arrest and I do hope that you will not have to face any strong-arm tactics on your Landlord's part. However, do note that you can (and should) refuse to move out unless the Landlord returns your deposit which I presume is refundable. He may of course attempt to deduct some amount for any "damages". But, I hope it will not come to that.

blackmolly

Never pay 1 year in advance !!!

The normal process is to put a deposit (6 month value on average) for the lease while signing it with a lawyer.
And then you pay your rental monthly.

Once the lease is terminated your deposit should be refunded.

Do not be afraid, even if you are a foreigner you have rights and the person is most probably trying to intimidate you!

if you go to police with the document, the police will take your side for sure!

Good luck!

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