Hi, if the landlord does not paid the amount then you have to issue legal notice ask the landlord to repay the amount.
2.Landlord fail to pay the amount inspite of notice then you have to file suit for recovery of money.
Landlord not returning lease amount
We are staying in a leased 2bhk in bangalore. Lease amount is 7 lakh for a duration of 2 years. We informed landlord verbally 6 months before expiry of contract that we would be vacating after the expiry of agreement. We also reminded them in between couple of times. Now we just have one month left, but still no sign of repayment of our lease money. Question - what legal action I can take? What happens if the agreement is expired but still we did not receive money?
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
You should issue a legal notice intimating the termination of the lease agreement on so and so date and you are not willing to renew or extend the lease agreement/period and instruct him to return the security deposit amount held by him through the said lease agreement on the date you would hand over the keys of vacant possession of the leased premises.
Subsequently you follow it up with the landlord about the possibilities and then hand over the keys only when he makes the payment.
1) you can issue legal notice to landlord to refund your security deposit on vacating the premises
2) if landlord fails to do so file summary suit for recovery of your security deposit
As per the lease deed if you have to vacate the house during existence of the lease the stipulated period would be 2 months of notice period, you must give this notice to vacate the house to your landlord in writing with due acknowledgement from the landlord.
After giving this notice to vacate, if the landlord does not refund the amount, hold on to the keys to the house, move out from the said premises, file a civil case against landlord for the refund of the monies together with interest and court costs etc.,
A. If you want to vacate the premises as per the terms of the agreement by giving 2 month notice period that shall be communicated in proper written manner i.e, e-mail,or RPAD or Notice or letter etc.,
B. Thereafter, you can file a suit for recovery of money by initiating summary legal proceedings.
The landlord is bound to return the security deposit if the tenant has vacated the premises in accordance with the agreement. If he does not return the amount then issue him a lawyer's notice initially. You can sue him for recovery of money and also compensation if the notice from your lawyer fails to produce the desired result.
