• Tenant not willing to vacate upon completion of rental agreement

Dear Sir/Madam,

I have a residential house in Bangalore that is currently rented out to an American Citizen with OCI card and PAN Card.  The 11 month rental agreement (duly stamped) with my tenant expires in a few days and he is showing no inclination to return the keys.  Upon inspection several problems were discovered and I have photo proof of the issues now versus the great condition at the time it was rented.  He has not paid rent for June and July and asked me to deduct from the advance.  He is not willing to fix any issue and demanding the full advance balance after holding two months rent.  He has moved his belongings out but is holding the key.  Please advise on what legal steps I can take to get my house keys back and make him pay for the damages.

Thank you!
Asked 1 year ago in Property Law from Canada
Religion: Christian
You are holding the security deposit (advance) amount with you.  The default in rental payment is violation of the rental agreement so you issue termination notice even now and in that itself you can mention the damages and cost for repair of the damages to be paid by him or the same will be deducted from the advance amount held by you. 
In the notice you can ask him to vacate the premise immediately for  default in rental payment since he has only told orally to deduct the same from advance which cannot be a legally binding act. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1. The rent agreement between landlord and tenant is sacrosanct. 

2. You should issue a lawyer's notice to him to vacate the premises and hand over the keys. If he does not comply with it you will be at liberty to file a case for his eviction in the court. This apart, you can also recover the unpaid rent from him. 

3. The notice can be issued only after 4th August. 

4. It is the duty of the tenant to vacate the premises after the agreement has ceased to exist, failing which a lawyer's notice can be issued to him.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1)take possession of the house and refund the advance amount under protest 

2) litigation is long drawn process . 

3) since you are located abroad it is in your interest to take peaceful possession of the property 

4) once you take possession issue legal notice to recover damage caused to your flat
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
since your rental agreement is expiring in few days time no sense in issuing termination notice 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1. You cannot enter the premises with spare keys as the tenant is deemed to be in possession of the property asserting legal rights against you. Unless there is a court order empowering you to enter you cannot do so. Entering the premises with spare keys will not only make you liable to criminal charges but will also impair your claim for his eviction in the court.

2. Issue him the notice after 4th.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
before the expiry of the rental agreement, you can issue a legal notice informing the tenant that he has violated the terms of the agreement, (two months rent default, not maintained the premises in the same condition as was handed over to him during tenancy period), etc., and inform him therein that you do not wish to renew the agreement, also informing him that he needs to quit, vacate and hand over vacant possession of the premises within 30 days.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
Hi, you have to sent a legal notice ask him to quit and deliver the vacant possession of the property.

2. If he already vacated the property then lodge a police complaint and with the help of police you have to enter the house.

3. Suppose you have enter the house then he may lodge a police complaint stating that he has valuable articles in his house. So it is better after lodge  a police complaint  thereafter only you have to enter your premises.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You cannot enter into the locked premises by unilaterally deciding to break it open even if the property belongs to you.  The due process of law is to be followed.  
You should file eviction petition under rent control act and also file an application for recovery of arrears of rent till the period he has not paid the rent from the date of last payment.
For legal notice, if you are aware of the legal terms, you can issue it yourself or approach an advocate in the local. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1) there must be clause in agreement that in event licensee fails to vacate flat on expiry of agreement he shall be liable to pay double the rent till he vacated the flat 

2) amicable settlement is best option 

3) if case goes to court you would be able to recover penal rent as per your agreement as tenant has failed to deliver possession of flat and hand over the keys 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
Until the key is not returned it will be deemed that he is occupying the premises as a tenant, so as a landlord you are entitled to rent till such time the keys have been handed over to you officially. 
Therefore, legally you can claim rent for those no. of days beyond the month's stay till he properly hands over the vacant possession of the property to you. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1. For every single day's unauthorized occupation of the premises which were rented to him you can seek compensation from him, albeit a deduction cannot be made from the advance unless the rent agreement specifically empowers you to make the deduction.

2. You should issue him a lawyer's notice forthwith as the delay is likely to impair your claim in the court.

3. If he goes to court against you then you can contest his case on merits by entering defence.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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