We are staying in a leased 2bhk in bangalore. Lease amount is 7 lakh for a duration of 3 years. We have inform him verbally that We want to vacate the premises and we want our lease amount back 2 months in advance before the lease ended. He said he wanted more time and we agreed that he can pay 6 months after the lease had ended. This was agreed verbally. Now he is asking 6 months more time and we really want to move out because of the drinking water problem. It's now 9 months after the lease agreement has ended and it doesn't feel like he is going to give the money back if we just keep asking him. Question - what legal action I can take? What happens as agreement is expired but still we did not receive money? Can I still send him a letter/ email that we are vacating the premises 3 months from now? Can I send him a legal notice if he doesn't respond or give the money back? And legal recourse I can take?
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Though the agreement is expired, it would still remain valid till all your dues under the said agreement are not paid back to you.
Yes, send him an E-mail.
You may thereafter send him a legal notice for recovery of dues under the agreement. In that does not helps, you will have to approach the Court against him for recovery of your dues under the agreement.
1. I presume you wanted to say that security deposit is 7 lakhs.
2. Is there a lock in period prescribed in the lease deed?
3. There must be a clause in the lease deed which speaks of a notice period to be issued by either party to the other party before the expiry of the agreement.
4. If the agreement has expired then send him a written notice through your lawyer to inform him of your intention to vacate the property and seek the return of security deposit.
5. A suit for recovery of money will have to be filed in the civil court if he does not refund
1) you have to inform lessor in writing to return security deposit of Rs 7 lakhs as you are vacating the premises on expiry of lease period
2)if he refuses to do so issue lessor legal notice to refund the security deposit
3) file summary suit to recover your security deposit
If your landlord has acknowledged your verbal demand for early termination of the lease and refund, it is better if you send him a written request as well immediately. Thereafter if the landlord still fails to refund back your amount, then approach an advocate and issue a legal notice demanding the refund, if he fails to refund back the amount even after receipt of the notice, then approach the civil court by filing a suit for recovery of the monies together with interest, and other incidental charges as well. That despite expiry of the lease agreement since the landlord has failed to refund your monies, the same is deemed to have been extended, and therefore you need not worry.
1. If you think he is serious in not returning your money then you can overstay in the property without rent so security amount gets adjusted.
2. If this doesn't look feasible for you then you will have to send him a legal notice asking for it.
3. Once he defaults in doing so in time limit you can file civil suit for recovery of money.
4. However to expedite getting back your money lodging complaint of cheating with local police is most advisable.
1. First you have to send a letter through registered post/courier intimating the owner that you are vacating the premises 3 months' from now.
2. If you have any proof that you had verbally intimated the owner 2 months before the expiry of the lease agreement that you are vacating the property, then send a legal notice to the owner to refund your advance deposit.
3. Do not pay rent for the extended period of lease and do not vacate the premises.
It is criminal breach of trust and cheating. You can talk to lawyer and file police complaint against the land lord.
Thanks,
Adv.Niranjan,
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you can issue a legal notice communicating your decision to vacate the premises and demand return of the leas amount on the date that can be stipulated in the notice.
Dont send a email, but send the notice by registered post with AD.
You must send him a legal notice which contains all the verbal promises that were made by him, and through the notice you can call him to do the needful failing which you will proceed to file a case.
Regards
