• Tenent issue

My father passed away 6m ago. My mother is next of kin. Tenent moved in on 31st April. Rental deedbsigned by Tenent in 1stmay for a period of 1yr.agreed to pay running month rent and 1month rent as deposit apart from electric and water bills. 
After 30days tenent says his wife is possessed by my father's ghost and citing this video they vacated the house on 1st June. 
We didn't ask them to leave. Looks like the lady has psychological issues(i am a medical doctor and didn't find any physical illness). 


They are asking for deposit to be returned. they have to give 2m notice. we did not force them to vacate .they vacated for personal reasons. My question

1,do we have to pay back deposit
2,are we right in claiming 2m rent in addition as they didn't give us notice
3)they left the house dirty while in rental deed they agreed to pay for any negligence on their side (from the deposit amount) 
Are we right in asking for cleaning charges
4)what if they post the video viral or come for a fight. What do I do.
Asked 3 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu

1.  Settle amicably, since IF such false rumours go outside, you will find it really difficult to get another Tenant in future.  People are always apprehensive and nervous of such rumours.

Hemant Agarwal
Advocate, Mumbai
2423 Answers
14 Consultations

5.0 on 5.0

It is necessary to peruse your rental agreement to advice 

 

2) is there notice period mentioned in agreement 

 

3) if tenant has failed to give notice you can withhold his deposit 

 

4)don’t ask for cleaning charges 

 

5) no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
66917 Answers
4041 Consultations

5.0 on 5.0

1. See you can keep the deposit as per the clause in the agreement. 

2. Yes you are.right in keeping the deposit.

3. Yes they have to give possession and handover in proper condition.

4. File a police complaint in that situation against them.

Shubham Jhajharia
Advocate, Ahmedabad
19309 Answers
75 Consultations

5.0 on 5.0

See you can file a police complaint or complaint with magistrate if they defame you or come to fight.

Shubham Jhajharia
Advocate, Ahmedabad
19309 Answers
75 Consultations

5.0 on 5.0

since tenant has failed to give 2 months notice you are entitled to recover 2 months rentals from him 

 

2) no need to return the deposit 

 

3) if he threatens  to assault you file police complaint against tenant 

Ajay Sethi
Advocate, Mumbai
66917 Answers
4041 Consultations

5.0 on 5.0

1.  It is not the question of "deposit" or drama video going viral.  It is the logical thought about considering future of getting Tenant in such adverse circumstances.

2.  HOWEVER, Logically and Legally, depending on the clauses of the Rent /Lease agreement, you are entitled to deduct one months rent (or deposit) for vacating without serving one months prior notice.

Hemant Agarwal
Advocate, Mumbai
2423 Answers
14 Consultations

5.0 on 5.0

Hi,

The claim by tenant is false and baseless. You are suggested to have mutual discussion with him and ask him to pay for the expenses occurred in cleaning, repainting of rooms etc. After deduction of that amount you may return the deposit. Please understand that my this advice is partly legal and partly on humanitarian basis because you seems to be very humble and nice person (as per your input). If asked legally only, I would suggest to serve him a notice for paying two months rent as per rent agreement in lieu of leaving instantly. His allegation of ghost would never be considered valid.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

Depends on terms of rent deed. IF two month notice is there than deposit not returnable but why you himself want to keep possessed women in your house, Get it vacated.

Well, for violation of notice clause, you can forfeit deposit.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

As the tenant has not served the notice period as per the agreement, you can confiscate the security deposit amount.

You can also charge cleaning charges from them if there is any  damage to your property those charges can also be levied on them.

If they come to your house in order to threaten you, file a complaint against them to the police.

Siddharth Jain
Advocate, New Delhi
4761 Answers
52 Consultations

5.0 on 5.0

You can claim one more month rent from him in lieu of the notice period after adjusting the security deposit amount.

 

Siddharth Jain
Advocate, New Delhi
4761 Answers
52 Consultations

5.0 on 5.0

Yes you can claim 2 months rent if they are not giving you notice. You can ask them to clean or pay cleaning charges. 

Prashant Nayak
Advocate, Mumbai
12870 Answers
22 Consultations

4.6 on 5.0

1. no need to pay back

2. keep the security (1m rent) and claim another 1m rent as notice period is 2months as per stated by you

3. do not claim, however, the issue arises, you should claim

4. file a police complaint against him

Suneel Moudgil
Advocate, Panipat
1141 Answers
1 Consultation

4.3 on 5.0

if notice period mentioned in agreement then tenant has to give you prior notice. if there is  no clause then you have to return deposit. 

Mohammed Mujeeb
Advocate, Hyderabad
10211 Answers
3 Consultations

4.5 on 5.0

if tenant vacates without notice then no need to return the deposit. if he threatens file police complaint. 

Mohammed Mujeeb
Advocate, Hyderabad
10211 Answers
3 Consultations

4.5 on 5.0

1. You may have to return the advance amount after deducting the charges for damages,  if any. 

2. No, it's not legally right. 

3. Yes,  you can charge for that. 

4. Let them do it,  which law approves such imaginary stories. 

 

T Kalaiselvan
Advocate, Vellore
56681 Answers
701 Consultations

5.0 on 5.0

Let them do anything, you should not be bothered about it. 

You concentrate on your case alone,  if there's any. 

T Kalaiselvan
Advocate, Vellore
56681 Answers
701 Consultations

5.0 on 5.0

Dear Client 

  1. You don't have to pay back the deposit as they vacated the house due to their own default.
  2. Yes you have the right to claim the notice period rent if they vacated without any notice. 
  3. you don't have to pay the deposit amount back and ask them to pay one month rent extra on account of their default. 
  4. If they make the video viral to defame you and your property then you can file a defamation case on those tenants. 

Mohit Kapoor
Advocate, Rohtak
3531 Answers
1 Consultation

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that why they have been saying about the lady health due to your father who has already passed away before they moved in the house, is totally a false story and in law also there is no provision which can help them out.
  2. You are very right in claiming the amount and also not returning the deposit as they have breached the agreement to rent not you.
  3. They would have for something extra if you were the one who breached the agreement, so now vice-versa.
  4. If they give you the threat to viral the video then I would advice you to file a police complaint against them under various sections like threatening, criminal defamation of your family etc.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

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