• Landlord not letting me remove my fixtures

I have my dance studio in Sector 31, Gurgaon. I rented out a basement in August 2018.
After a lot of deliberation and thought, I arrived at the conclusion that I will have to close my business for the meantime as we don't know when the situation will improve, owing to the covid crisis. I have already sustained the space for 2 months without any income, and won't be able to do so for longer. I duly informed the landlord and told him that I would return him his basement in it's original condition within 2 months time (as that is the notice period) and remove all the temporary fixtures I had installed for my work such as flooring, mirrors, partitions, lights etc. 

However, when I told him that, he told me that I would have to pay ALL my dues (rent, electricity bill) and he wouldn't let me remove any of my fixtures and I will have to leave everything there itself. When I asked why he told me that because of these fixtures his floorwork had been ruined. The truth is that no damage has happened to his floorwork and if at all there is I promised to get it fixed before leaving. I invested a sum of Rs. 5L in the renovation of that space. Now he's demanding to keep all of it. 

What should I do?
Asked 1 year ago in Property Law
Religion: Hindu

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20 Answers

Remove everything without his knowledge. 

For peaceful removal of fixatures, you will require court order which will take time. 

You are liable to pay rent and electricity. No matter whether you sustain loss or not.

So slowly remove furniture and threat back if he restrain. 

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

You are at liberty to remove the temporary fixtures installed by you 

 

2) landlord cannot insist that fixtures be retained 

 

3) file poluce complaint against landlord if he refuses to permit you to remove the fixtures 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. the landlord cannot resist you from removing the fixtures,

2. you can file an application/petition in the court to restrain the landlord from creating any obstacle in the removal of fixtures,

3. You are liable to pay the rent

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

- As per law, when you will remove the items lying in the tenanted premises, and give possession to the landlord , then the relation of landlord & tenant will come to an end, which landlord will never accept.

- Hence , you should firstly handover the keys of the tenanted premises to the landlord after doing inventory , and further fix a date for the payment of rent and to remove the items lying there. 

- As per law, you are bound to pay the rent for the period of occupation into the tenanted premises. 

- If, you will lodge a complaint with the police, then police will suggest you to approach the court.

- Further, if will approach the court of law for restraining the landlord from creating any obstacle in the removal of fixtures, then also court is also to bond to listen the landlord as well , and to direct you to pay the arrears of rent. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

He can't keep that you can file a criminal complaint as well as suit for seeking the same back from him. You can also claim compensation from him

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

This apparetly seems to illegal but in law it is not so.

A detor in order to recover his dues may take  possession the valuable things of the creditors in a reasonable manner without resorting any violent activity.

This has become common law over a long passage of time from principles laid down by various court.

 

Kallol Majumdar
Advocate, Kolkata
2800 Answers
7 Consultations

5.0 on 5.0

See you rented that place so electricity bill and rent have to be paid. But for that you should file a specific performance suit against him stating that due to covid19 situation you cannot pay the rent and agreement is revoked under force majeure. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

He has no right to keep your fixtures and other things. They are not permanent and were never supposed to be fixed permanent. You should send him a legal notice stating clearly your intentions.

By the way what did the agreement say about fixtures??

His act is wrongful. You have a right to them.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Dear client,you may file suit seeking injunction in the court of law to have your fictures from the landlord. You mayl take help of rent agreement. 

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

The landlord cannot stop you from removing your fixtures from the premises while you are vacating the rented premise.

If  he is objecting to this removal, then you can demand the value of amount in lieu of the materials or fixtures he wants you to leave behind.

If he is still stubborn about it then you may take legal action by first sending a legal demand notice instructing him to refrain from stopping you to remove your property from the rented premise while vacating it or ask him to pay the value of the fixtures that he wants to leave behind as compensation.

After that you can approach rent control court for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Hello sir, first of all, we want to see your rental agreement or leave and licence agreement as you already mentioned there were 2 months notice period, is there any clause regarding the fixtures or not, if yes, please reproduce that. if there is no clause regarding that he cannot stop you legally from removing your stuff. 
For more detailed assistance you can contact me with all the relevant document and conversations.




 

Prateek Aggarwal
Advocate, GURGAON
7 Answers

4.0 on 5.0

Ans: Is there any rent agreement entered into between the two of you?

Even the SC has been very clear in these covid times, no landlord can forceably evict its tenants.

You say there is no damage to the flooring, however if he feels there is some damage, then let your furniture remain on an as is basis and tell him you shall return the keys to the basement once this situation is crystallized. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1. You are liable to pay the outstanding electricity dues and rent for the duration of your possession of the property.

2. You have the right to remove your fixtures from the place. File a police complaint and seek assistance of police in removing those.

3. If police also does not come to your aid then a suit for mandatory injunction may be filed against him and police in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve a legal notice and also file a police complaint against him because as per rent agreement, you should be allowed to remove your things. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

This situation at hand will strictly be governed in accordance with the rent agreement that you signed with him.

In the name of restoring the demised premises in its original condition, you cannot be looted. To me this appears another case of harassment of the tenant at the hands of the landlord, during the lock down. Seek Police help if he not allowing you in the premises. 

Vibhanshu Srivastava
Advocate, New Delhi
9343 Answers
212 Consultations

5.0 on 5.0

Hi,it is advisable to issue him a legal notice for the same ..A tenant can anytime cancel the lease deed by serving a one month prior notice ..He cannot restrain you from taking your belongings..

Hemant Chaudhary
Advocate, Gurgaon
4609 Answers
53 Consultations

4.9 on 5.0

1. You should send legal notice for payment of fixtures to landlord if he doesn't let you remove your temporary fixtures.

2. Don't forget to mention in legal notice that you are ready to clear the dues till date whether it is electric bill or rents.

3. He cannot force you leave your fixtures in the premises if you are not willing to leave them as they belongs to you. 

4. You can file suit against your landlord for getting your fixtures Otherwise pay amount for fixture as alternate relief.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

you can remove Fixtures without landlord consent. 

issue a legal notice through an advocate that you are removing your temporary fixtures and you are vacating premises within mention date. 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been harassed by the landlord by taking help of the situation.
  2. I would like to apprise you that there has been guidelines by the MHA and as well as from the state governments also to not to collect the rent from tenant if they don’t have any income coming to them during lockdown.
  3. You need to let the things there without any argument for now and please serve them a legal notice to better allow or you will have to move before the court of law to get all things with compensation for delay and harassment.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The fixtures / additions made by you are your belongings, as such, you are at liberty to remove the said temporary fixtures installed by you and take them.

LL cannot insist you to leave the said fixtures, unless you are in arrears of rent  / electricity bills payable / maintenance etc., he cannot insist for adjustment. 

Other way round, if he wants to retain the fixtures you can ask him to pay for the same to you.

In case if he refuses to allow you to take the fixtures, issue notice to the LL demanding to take back the fixtures within one week, and also inform him that you are ready to handover the premises immediately after removing fixtures.

Failing to respond to the notice, you can lodge police complaint against the LL, till your issue is settled, do not handover the premises.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

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