• Early termination of registered rent agreement with in lock-in period of 11 months

I had rented an office in December 2018. It was a furnished office and the authorised property agent of the landlord on behalf of the landlord had agreed to improve the furnishings. However, once the agreement was signed, the landlord and his authorised agent denied to carry out the work. As a consequence I invested more than 1,00,000 for these works which included the renovation of the wash room. 
Due to some unforeseen circumstances in my business, I am now not able to continue with this office. In the beginning of this month I expressed my intention to vacate the said premises to the authorised agent of the landlord and was told that if you pay the rent for July 2019, we will get the security refunded. I approached the land lord and gave him the cheque for the rent immediately, however the land lord did not deposit the cheque. When I asked for the security, he and his authorised agent refused. Since the rental cheque has not been presented for clearing in my bank, I put a stop payment on the cheque after 10 days. I have cleared all the pending electricity and maintenance bills. However, the landlord is now threatening me that he will Lodge a police complaint against me for stopping the cheque as it is a criminal offence. Additionally, I want to mention that the balance in my account has been maintained to honour the cheque and is not a case of insufficient balance. He has further confiscated the office assets which belong to me. Please advise what I should do now and what are my legal options.
Asked 4 years ago in Property Law
Religion: Christian

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17 Answers

FIRSTLY "safe-guard" yourself, from any type of criminal prosecution.

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person (landlord & Agent), supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person/s may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

It is necessary to peruse leave and licence agreement executed by you to advice 

 

2) is there a lock in period?

3) notice period mentioned in agreement? 

 

4) did you give notice in writing to landlord of vacating premises on expiry of notice period ? 

 

5) if you stop payment of cheque complaint under section 138 is maintainable against you 

 

6) landlord cannot confiscate your office furniture 

 

7) file police complaint against landlord under section 406 of IPC 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Sir in case of stop.payment also he can go for 138 N I a complaint as he has sufficient ground you have stopped the payment rent agreement with lockin period is there and further you do not have written proof where they took possession and the agreement of rent was terminated.

You should clear the cheque dues that is rent for July and then send a notice for refund of security and your office assets . For office stuff you can also lodge a police complaint against them.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There is no such provision to lodge a police complaint for cheque bounce. They are just threatening you.  Leave the premises because they are not going to return the SD.  Thereafter, contact a local lawyer and file a suit for recovery of SD and other damages.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Send letter by speed post AD and by email that you have vacated the premises 

 

you don’t need licensor consent to remove your furniture 

 

if licensor refuses to permit you to remove furniture  file police complaint for criminal breach of trust under section 406 of IPC against licensor 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

 Contact a good civil lawyer, file a suit and deposit the keys in the Court.  Or wait and watch, let them take initiative to legal action and you should revert accordingly.

 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

He can't lodge a police complaint for the cheque thing. He can't force you. He can't confisticate the office furniture. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear,

        138 case is on in your case. You stopped payment but it will not safe guard you.

         Sent 1 legal notice for your security amount and furniture.

         In your rent agreement what condition is mentioned for this situation, also important.

        

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

A case of 138 NI act can be filed if the cheque is dishonoured, no FIR can be filed.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You may send a legal notice to him and thereafter file a case for recovery of goods in the civil court.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

See in stop payment also 138 NI complaint can be filed. See you have keys you can take your furniture and can also ask for the refund. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Send him a legal notice asking him to return your deposit amount after deducting the rent due. You can also file a police complaint asking him to return the money since he's not closing the contract. If he goes to the police and files the complaint, agree to pay the rent amount due for one month of the notice period provided he returns you the deposit.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

NO criminal offense in such cases, Stop payment is bounced. Manage the remove furniture than avoid if not taking keys.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Dear Sir 

Whatever conversation you are having ,are they brought in form of writing. 

If so then you have valid issue to contest. 

You also launch a police complaint prepared from a legal practitioner to help you out.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear

The landlord cannot hold your security deposit if your are vacating the premises after giving the notice of sufficient period mentioned in the agreement.

Also landlord is liable to give the money for repairs in the premises which are not your fault.

You should serve him a legal notice through an Advocate for refund of deposit with interest and the money you spent for necessary repairs of the premises.

If he fails to comply with legal notice You can file a suit against the landlord under tenancy act for recovery of dues. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Why did you give stop payment for the cheque you have given to him?

Since this cheque is for rental amount the complaint by the landlord to the police may not be entertained especially when he has the deposit amount in his possession.

Let him approach police on this, you can defend your interests on the above lines.

 

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You should not leave the premises before the matter is settled, you hav your furniture also held by them besides your security deposit with them.

You should understand that even stop payment is nothing but an offence under section 138 NI act for cheque bounce 

Dont take an y action without consulting an advocate in the local because you may not know where and what went wrong when the things have been done.

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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