Adjust your security deposit against the rentals
2) don't pay any rentals until agreement is renewed by registered leave and licence or lease agreement
My lease agreement is expired, property owner is not ready to come sign
Hi Team My Lease agreement is expired and the owner is not ready to come sign the new one its been more than a year now but they keep pushing it stating that they will sell house or they will come here. I have no guarantee they will pay us back our amount we deposited. Is there any legal way i can get them to sign the agreement or do i have any issues in case this is not done?
Asked 8 years ago in Property Law
Religion: Muslim
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7 Answers
what I actually wanted to know is that. Can they legally hold us responsible since the agreement is expired long back and not return the lease money. the concept of lease in bangalore is that I pay certain amount (usually huge sum)of money as lease that gets fixed and is returnable completely and no rents during tenure.
Asked 8 years ago
If he does not return your money then contue to enjoy the proeprty.
Do note that you can enjoy this proeprty as long as you want and to evict you the landowner will have to file a suit for eviction.
So enjoy the property as long as you can to reocver the losses ,if any.
In such a case on vacation of premises you are entitled to return of your security deposit
2) if owner fails to return you have to file summary suit to recover your money with interest
1. You cannot force the owner to execute a fresh lease deed with you.
2. Unless her serves a notice on you asking you vacate the premises you can continue to occupy it.
3. If he does not return the amount after termination of lease then you may file a civil suit for recovery of money in the civil court.
I understand how the lease agreement work in bangalore.
1. If your lease agreement is expired then do not stay in the house any more. Owner may initiate police action for illegal stay.
2. Just because owner not yet paid your deposit, you can not defend your stay in the house.
3. You can issue legal notice to owner asking for extension of lease agreement.
4. If owner does not agree to extend the agreement and do not pay the deposit then you can initiate recovery suit against him.
If your lease agreement is expired then you may either vacate the rented house and demand refund of security deposit or give a written communication about your intention to renew the lease agreement.
If there is no response or any solution then you may plan to initiate legal action by first issuing a legal notice demanding your relief and then further legal action through court of law.
what I actually wanted to know is that. Can they legally hold us responsible since the agreement is expired long back and not return the lease money.
the concept of lease in bangalore is that I pay certain amount (usually huge sum)of money as lease that gets fixed and is returnable completely and no rents during tenure.
You should have intimated the house owner about this sooner your lease agreement was expired.
however even now you can intimate the owner about this and seek refund.
Create records in writing so that you can fight it out legally, if necessary