• Tenant not vacating

I have a commercial property, i had given it for rent to Mr.vinoth, he has paid only half advance, past one and half month he has not paid rent, he is not starting his business in my building. Now he is telling he doesn't want the space. He is asking me to return the advance he had given. I had left two tenants, because i had taken advance from him now what can i do
Asked 3 years ago in Property Law
Religion: Hindu

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17 Answers

1. It appears you do not have written agreement with him nor any verbal agreement on refund of security deposit.

2. In absence of such clear understanding you are bound to return his money.

3. Within a couple of months you would find amny tenants and to avoid unnecessary dispute forget this episode as bad dream. 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Breaking the lease/agreement generally lets the landlord take the deposit to recover from the breach of contract. The tenant owes a duty to remain part of the valid contractual obligations until the lease or rental agreement period ends.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to file a eviction suit after sending him a eviction notice

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

If you have made written agreement than as per termination clause you can behave or implement accordingly.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

It is necessary to peruse agreement entered into with tenant to advice 

 

2) issue legal notice to tenant to pay rentals if he refuses to vacate terminate agreement collect arrears of rent and return balance security deposit 

 

 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

Instead of stretching the legal issues with this client and losing more money,  better deduct the rental arrears from the advance held by you and terminate the agreement for rent.

The more and more you may prolong the issue the more and more you will suffer the loss of money,  time and energy. 

 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2208 Consultations

5.0 on 5.0

What is the cancellation and return of security amount clause  written in rent agreement. If there is rent arrears you can ask the same  from him.send a legal notice to him and return security amount after deducting rent arrears 

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

Send him a legal notice to pay the remainder of the rent amount and get out from the property. Otherwise file a case against him.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can claim the compensation by filing money suit but in case he is not willing to continue it is good for you to refund the advance amount as per the agreement.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. You are entitled to one months notice rent, IF Tenant decides to vacate your property.

2. IF the Rent /Lease Agreement has defined a lock-in period limit, THEN you are entitled to claim full Rent for the entire lock-in period.

3. You are advised to settle amicably, since raising a dispute will be adverse to your good will and any legal proceedings shall be costly and time consuming. Find another Tenant with proper agreement terms and conditions, advance deposit and rents and be happy.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Sir you are not liable to return the Advance. Let him file a complaint then you can answer him back legally. he just can not come and leave the premises whenever he wishes to.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve him the legal notice and if not complied by him, file the case of eviction against him. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Client,

If tenant is not paying you rent and not vacate the rented premises then you may send him a legal notice for "Possession and Recovery " though advocate. If the tenant even after getting the Legal Notice dont repay and vacate the rented premises then you may file a case against the tenant for Recovery of Rent and Eviction.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

You are entitle to recover possesion and forfeit advance.

Refuse to pay and ask him to pay rest amount.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

Tell him that you will deduct rent for period when property was booked by him for rent due to loss suffered as you won't able to rent the property to other potential tenants also. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- Legally a tenant cannot refuse to pay the rent on the ground of Covid-19 .

- if he not paying rent , then send a legal notice to him for the termination of tenancy and to evict the premises , and further mention that your advance has been adjusted for the arrears of rent . 

- If not vacated , then file a petition for eviction on the ground of non payment of rent. 

Mohammed Shahzad
Advocate, Delhi
13273 Answers
198 Consultations

5.0 on 5.0

Deduct some amount as per the terms and conditions you guys agreed while giving him space on rent and return the balance 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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