• 2 year Lease agreement is finished, the owner is not given lease amount 1 year is finished

Apartment 2year Lease agreement is finished the owner is not given lease amount after 1 year is finished.
Owner didn't pay the loan emi to SBI bank.
SBI bank attached notice Sarfaes act .
Asked 3 years ago in Property Law
Religion: Muslim

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7 Answers

1) if lessor is refusing to give security deposit don’t vacate the property until security deposit is refunded 

 

2) you can issue lessor notice to refund your security deposit 

 

3) sue the lessor to recover your money 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Don't vacate the property till your lease amount is paid to you. Also, inform the lending bank about returning of the lease amount by the owner. 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If the owner is not returning the advance amount paid towards the lease agreement, then the tenant can issue a legal demand notice and file a suit for money recovery agaisnt the landlord/owner.

The tenant is no where involved in the bank taken an action to recover its loan amount invoking the provisions of sarfaesi act. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Do not leave the property until the security deposit is refunded. Send a lawyer notice to get your deposit back. If he does not refund the same file case for realisation of deposit 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

- As per law, after expiration of the agreement , the owner is bound to renew or to enter into a new agreement. 

- Further, if wanted to vacate the tenanted premises, then can notice to the owner for the same and to seek lease amount. 

- Further, if he is not paying the emi to the bank , then you can stop to pay the rent to him 

- Further, if bank is forcing you to vacate the premises, then you can file an Injunction suit before the court against the owner , and to restrained him from taking forceful possession of the premises. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You can go against the owner before civil court and recover your damages

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Dear Client,

As per the facts which have been provided, if the owner is not returning the security deposit then don't vacate the house before that.

Thank You.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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