I have taken 1 BHK house on lease ,5 years back the lease amount is 6 lakhs and the lease term is 2 years,on the termination of lease I orally informed the owner but he was under lot of monetary constraint,he told he will be paying later now it has been almost three years and still there are no sign of payment of lease amount,I have been constantly reminding him sinceI am married and planning to move my family to city next month I am eager tochange the house can I claim for payment or send him a recovery notice,I have following documents with me ,Xerox of lease agreement,check numbers of payment done,once I change the house can I claim for lease amount payment or are there any precautionary measures which I need to take before changing the house I need to shift next monthh
1. Do not vacate the house till your last pie is paid.
2. For whatever reason if you can't prolong your stay, lock the house and do not handover the keys to the landlord.
3. If that is also not possible and if you have to vacate the house, then obtain cheque for the deposit amount due from the landlord.
Issue lessor legal notice to return your security deposit
2) if he refuses take recovery proceedings against lessor
3) it is necessary to peruse terms of lease to advice further
I have already asked for check deposit but everytime he refuses,I cannot prolong my stay,if I lock the house what if he breaks the lock and rents it to other person
Issue legal notice to lessor as mentioned herein above
1. Without your permission he alone should not break open the house. If he does, you can lodge a Police complaint against the owner.
2. To break open the locked house, he has to obtain court permission.
Sir serve a legal notice to owner for refund of security deposit and termination of the lease. If he fails to refund the amount file a recovery suit in the civil court.
Further don't leave possession of the property till he refunds the amount.
See if you lock the house and he breaks it you can file a police complaint against the owner. FIR can be registered against him.
Further file civil suit for recovery of the amount.
Please send a mail girl notice to the paid amount and also mentioned in the notice that he will be responsible for legal charges and interest hard defaulting period along with the compensation and after the non receive reply to the notice you can file a money Suit against him in the Civil Court.
In fact you have remained in the house witout renewing the lease agreement which itself is invalid however you can say that it was orally agreed to renew the lease period.
You can send a communication by registered post in writing to the landlord intimating your decision to terminate the lease agreement and dmand the return of the deposit amount.
After that you can file a money recovery suit before the court competent to recover your amount.
He cannot break open the locked house if you have not vacated the house legally.
You can lodge a criminal complaint for trespass and burglary against him.
Dear Sir
Never leave/Give the possession to land Lord unless you received your amount in full. You may approach court but it is time consuming. You may get issue a legal notice that you are going to lease it out or rent it out. there other short cut methods if you are willing and strong.
In case he couldnt pay now, make a fresh lease document and you can give it on rent till he gives back your money. Try to register the lease deed.
