I have a shop room in Kolkata for which I entered into a Leave and License agreement for 11 months staring April 22. However, since the beginning the person has defaulted on the payment of his license fee date which is 7th of each month. He has repeatedly defaulted on his payment of electricity usage charges over several months which almost resulted in disconnection by the supplier. (This is in violation of the terms stated in the LL agreement, where un-timely payment will be considered breach of our terms) He was notified and warned few months back about this behaviour but he failed to rectify it. I served him a notice of termination with a month’s notice as per of the LL agreement. As per that, he is supposed to hand over the keys by 20th November, 22. However, he hasn’t handed over the keys and is demanding to be given his security deposit before the keys are handed over. (Also, to add context his behaviour has been very aggressive, arrogant and unresponsive to resolve it i.e my way or highway) What should be my next steps to mitigate this as I fear that once I give him his security deposit, he may not hand over the keys? Also, he has removed all his belongings from the shop space and has kept it locked needlessly. Am I entitled to change the locks and access the space considering his license is terminated as per the term of the LL agreement?
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You cannot take law into your own hands and take forcible possession of your premises given on rent
2) you can enter into compromise wherein you will hand over security deposit simultaneously with his handing over possession
3) if no compromise is possible file suit for eviction
Issue a lawyer's notice seeking payment of defaulted rent at the address of shop. Notice will come back as door locked. File a suit seeking eviction on the ground of default of payment of rent and violation of terms of license. Court will issue notice to him which will come back as door locked. Court will order you to publish notice in local newspaper. Publish such notice in any local minor local newspaper, after that Court will pass ex parte order of eviction against him. File execution petition seeking his eviction through Court bailiff, he will file a report of door locked. File an application to break open the lock by Court and handing over possession. Court will get the lock broken and give you possession seizing all his property in the shop. His property, if any, will be sold and Court will give you arrear of rent. The whole process will take between 4 to 6 months. This is the only way you can get possession of your property. As the dispute is civil, police will not interfere. Breaking of lock will invite trouble for you. Don't give him any hint of case filed.
Cut the procedure with procedure. Refund deposit only after getting possession deducting expenditure.
If he has not complied with the demands made to vacate the rented premises, you can either compromise with him and take delivery of your property by returning the deposit amount simultaneously or approach court with a petition for eviction to evict him from the premises for default in rental payment and other breach of contract conditions.
You cannot forcibly enter into the house while the keys are not yet handed over.
- Since, you have already terminated the tenancy after sending a legal notice to him , then legally he is under legal obligation to vacate the premises and to pay the arrears of rent .
- You can refund the arrears of rent from his paid security deposits , and balance refund to him to take the key of the premises.
- Hence, you can enter into an agreement with him for refunding the amount and to take the key of the premise or you can also appoint some arbitrator for the same.
- However, you should not break the lock , otherwise he can file a complaint against you.
- Further, if he not vacate the premise then file an eviction petition before the Court.
Dear client, I'm sorry to hear that but in this case you can approach your nearby places patient or file a complaint against them to the court
