Suggest solution I have rented a property for 36 month on 01/09/2017 with lock- in period of six month, my licence will expired on 30/08/2020. Due to some personal reason I have vacated the place with one month prior information to owner in 28/02/2020. He has rented the shop to other person in March and asking me to give rent till sep 2020 instead of paying back my deposits. And during [deleted] to [deleted] I have done repair activity on my cost thrice as per instructions given by owner and new renter at different time frame. 1.Give clarity on lock in period of rent agreement. And in my case when my lock in period end. 2.What action I should to take to get my deposit back?
Lock in for 6 months only. There after you can vacate by oral or written notice. No objection by owner and also shop on rent to another person. You are entitle to refund of deposit. No default committed by you.
Send notice for refund, still not paid. Have to file suit in court.
Your lock in period was 6 months ended in March 2018
2) issue legal notice to landlord to refund your security deposit as you have vacated premises after issue of notice to landlord
If you had given the notice to vacate and that has been accepted by the landlord without notifying you that the acceptance of your notice to vacate the premises shall be subject to the deduction of the rental amount till the end of the lock in period, then he cannot claim the rent now for the entire lock in period.
Especially when he has rented out the premises to another prospective tenant, the landlord's demand for rent till the end of the lock in period shall be unjustifiable.
You may issue a legal notice to him to return the deposit amount filing which you may file money recovery suit against him before the concerned court.
1) You have completed your lock-in-period of six months i.e., completed same by the end of February, 2018.
2) You have to issue notice to the owner demanding to refund the deposit bringing to his notice after intimating him to vacate the premises you have vacated the premises and handed over the same to him on 28.02.2020.
If he fails to refund you have to file case for recovery of money against the owner.
Hi
File a civil suit for specific performance against the owner.
Thanks
Dear Sir,
The lock-in period is the time during which the contract/lease agreement can't be revoked or brought to an end. As per your input, the lock in period for your rent agreement ended on 31.03.2018. After that you were free to end the rent agreement with prior notice and the same has been done by you. The owner is required to return the deposit instantly. In the present circumstances, you are suggested to serve the legal notice for returning of the deposit and if not returned, file the recovery case.
1. Without seeing the terms of the rent agreement its very difficult to advise whether the lock in period can be exempted.
2. If there's clause of forfeiting the security deposit for the balance lock in period then you can't get it back.
3. However to advise property the agreement needs to be seen.
In general to get back the security deposit you can file civil suit for recovery of money.
Lockin till 1-4-2018. After that you can vacate as per the normal notice period in agreement. You can send hun recovery notice if not given you can file a suit to recover the same from owner
Lock in period doesn't matter here. It was over in March 2018. The contract agreement must have mentioned tge repairs and who would bear the cost. Look it up in the agreement.
Send him a legal notice and if he doesn't respond then file a recovery suit against him.
Give copy of your leave and license agreement in order to check the conditions and provide answer to your query
1. Lock-in period end on the Sixth calendar month i.e. [deleted].
2. IF the landlord has rented out the vacant premises immediately even before the one month Notice period, THEN it means he has foregone this notice period and has not suffered any losses and he cannot have two rent amount for the same one month notice period.
3. IF landlord is refusing to return Deposit money and repair money, THEN the only legal solution remains is to file a Civil Court Suit for recovery of your monies, by providing proper documentary evidences (new tenant agreement to prove for the one month of notice period) and witnesses.
4. You are entitled for the repair costs you have spent, since it benefited the landlord and his new tenant. Use all this grounds in the civil court.
1. See lockin period is 6 months only and you have notified the owner he cannot charge rent for.period you are not using the premise. You can issue legal notice for refund of deposit in case on notice he fails file a suit for recovery of the amount.
Dear Sir,
The terms of your lease agreement needs to read in between the lines. Any how he has to return your deposit amount. Secondly since you have given one month notice so it is sufficient for him to find another tenant and more so he got another tenant. Thus there is no question of rent payments for lock in period. Get issue a legal notice and file suit for recovery amounts with compensation for mental harassment and reputation loss.
in simple way LOdge an FIR u/s 406 I.P.C taught him a lesson
1. Your lock in period was expired in March 2018.
2. Send legal notice to landlord for refund of deposit if landlord refuse to refund the deposit even after several followups.
3. If after legal notice landlord doesn't refund the deposit money then file suit for recovery of deposit against landlord.
issue a legal notice through an advocate and file recovery of money suit along with interest.
I have notified regarding vacating the place on 28/01/2020... Owner visited the shop on 28/02/2020, along with new renter and instruct me to do some repair as per new renter instructions.... I kept my contractor whole day idle but they have not taken any decision... At eve new renter instruct me to keep water tank arrangement and shop particions for their benefit and remove tap, slabs, do some filling work, and painting(not mentioned in my agreement)... On 02/03/2020 again I called contractor and finish all above work and shared pic with owner... Shown new renter physically.... On 05/03/2020 new agreement with new renter has been finalised(guess) owner visited the shop again and called me to instruct two more repair activity, I followed their word and repaired it ... Till date all cost has been beared by me... Shop was vacated on 28/02/2020 it was not used by me since then, but they allow me to keep key for repair work... Since all the repair activity was of oneday but due to their unsurety I have to work for three days... On 11/03/2020 I got a call to give keys to new renter ,he is also willing to do some work... I followed the instruction... Till 19/03/2020 not visited the shop, janta curfew announced so again I request to check and return my deposit. Initially he demanded rent till sep 2020 as I mentioned above, later on he returned my deposit and deduct a rent amount till 20/03/2020 since u have shared final pic on said date... And also convey new renter not to pay for water tank arrangements and partisions all cost was beared by me... In view above What's are my liabilities? What's refund I can demand for? What should be my action for future? Right now I am in loss of 20 days rent+painting cost+two days extra labor charge+loss of cost beared for water tank arrangement and particions...
1. You can demand refund of security deposit along with extra amount spent or renovation as per there needs other then the regular work.
Issue a legal notice for this cost and demand the refund of the amount.
What is total cost borne by you
2) if amount is substantial issue legal notice to landlord to refund 20 days rentals and pay costs incurred by you
Dont vacate and handover the keys. You are entitle to repair charges + excess paid rent.
You were aggrieved that the owner is not returning the deposit amount.
Now you say that he has returned the deposit but deducted the rent for 20 days.
It is natural that the rent will be deducted till the day you are retaining the keys.
Your explanations given above should have been taken up with the owner, if he had refused to oblige then you should have taken legal action by first issuing a legal notice, whereas you were interested in getting back the deposit amount only hence you did not raise this question earlier.
as a matter of fact the repairs and painting works are to be done by the tenant before delivering the vacant possession of the property, it is responsibility of the tenant to handover the premises as how it was handed over to him.
Since you have mentioned that on 11.3.2020 only you handed over the keys then it is implied that you were in possession of the premises till that date.
You may discuss with an advocate in the local and plan to issue a legal notice if you feel it is worth enough to take legal action by spending more money that what you are entitled to get it back.
You have not quantified the total expenditure incurred by you for carrying out the said repairs, if it is huge amount, you need to claim the same by issuing notice to the land lord giving him 10 days / 15 days time to reimburse the same (if you can collate and have bills for the said expenditure it will help you going forward).
You can demand reimbursement all the aforesaid expenditure incurred by you on his instructions alongwith theh deposit which you are entitled to.
If he fails to respond, you have to initiate case for recovery of the said money alongwith costs of litigation and also damages.
You are liable to pay the rent till you stay and all other liability admitted in agreement. Inspite that you are not liable to pay anything. If he refuses to pay file suit and recover the same from him
Dear Sir,
If there is mention in the agreement that that you will do the repair at the time of leaving the place, you are liable to pay for repair otherwise no. So, you are required to refer the rent agreement/lease deed once and if there is no mention of repair while leaving the place, you may demand the money for 20 days rent+painting cost+two days extra labor charge+loss of cost beared for water tank arrangement and partitions.
1. You are not liable to pay rent for the period after vacation of premises when keys was kept by you for repair work.
2. You can demand refund for all the extra work done which is extra and doesn't come under repair work.
3. You should send legal notice to owner for payment of deposit deductions which was not legal as per law and extra work done by you after vacating the premises.