Need Advise: I have given my residential apartment on rent to a tenant who violated whatever is agreed on rental agreement signed on stamp paper. These include I. Vacating premises without honouring 3 month notice period. Also did default payment of rent and maintenance during notice period. ii,. Did not formally handed over premises and damaged assets and I had to incur 2 months rent to rectify and clean/paint the house. He handed over keys to neighbours and vacated and kept one key set with him which he still not returned. Handover the house with repairing and painting if vacated in less than 1 year is agreed as per the lease agreement iii. I had 3 months rent as deposit with me. Do I have rights to adjust amount of deposit against damages done above? Also do I have right to recover 3 months notice period rentals which is agreed as per contract? Now he says he want to file case to recover deposit. what rights I have on this against tenant who violated rental agreement conditions and what I should do?
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1) you are entitled tj recover 3 months rentals for notice period
2) you are also entitled to claim damages suffered by you
3) you can adjust Security deposit against damages
4) inform the tenant in writing reasons why you have adjusted SD against notice period and damages
5) in case tenant files suit contest the suit proceedings
6) contact a local lawyer
Thanks for prompt reply Ajay. I have few follow up questions: i. I have sent email with details of how i adjusted the deposit and asked him to share bank account return the balance amount which he is disputing. How i should recover third key which is with him and he says he will return once i refund the deposit? ii. I have given the flat during last month of the notice period after repairs and painting. Do i have right to rent the property new tenant? He says you have given to new tenant and therefore refund the money for that period. I said he need to stay for 3 month notice period which he violated. What is legal stand on this? iii. In case he sends notice, do i have right to say that he did not return the third key and therefore he still liable to pay rentals till formally surrenders all keys to me?
1) you should by legal notice call upon the tenant to forthwith return key retained by him
2) there is no question of returning full deposit as he has damaged your house and failed to give notice period
3) I do hope you have kept photographs of damage caused ti your house
4) if tenant had vacated premises you are at liberty to give to new tenant
5) don't ask for rentals till he hands over third keys
6) change the lock and debit his account the charges for same
The tenant has to honor the terms and conditions of the rental agreement.
He cannot take law in his hand.
If the condition says that he has to undertake the repairs and paintings or else compensate it in terms of money, then he cannot escape the liability at the time of vacating the flat.
You can very well adjust the security deposit amount towards the repairs and painting as per the terms and conditions of the rent agreement.
Let him go to the court, you can changeable his claim on this basis.
1. you should send him a legal notice demanding him to return the key held by him till this date and also may indicate that the balance amount shall be refunded o him once he hands over the keys.
2. If you insist on three months notice period then yo should not have given the premise on rent to a third party during the notice period tenure
3. You can take a stand that way and may give a reply to the notice stating that you are ready and willing to refund the balance provided he hands over the key held by him.