Hi Legal experts, I am the owner of the independent house (g+3) and let out property for one tenant from 1st November 2023. He deposited 1,20,000 INR as a deposit. From day 1 tenant is creating a problem and suddenly informed me on 21st Feb that he is vacating on 26th Feb with only 6 days notice. we have attached the below condition in our agreement and asking him to oblige. He filed a police complaint saying that he informed owner on Jan 1st and he want his full refund. Now police is asking me to make a deal with him. He has never informed in writing about vacating the house till 26th Feb. what are the legal options i have as a owner. 21. The LESSORS and Lessee will be entitled to terminate this lease by giving 2 calendar months’ notice from either side in writing to that effect or rent in lieu thereof at any time during the course of rental agreement.
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If he has communicated on 21st February then you may also write to him mentioning the terms of tenancy that the the termination of tenancy would be by deducting two months rental amount, which will be deducted from the advance amount and after deductions for other damages the advance amount will be refunded.
The police cannot interfere in civil matters.
the tenant is required to give two months' notice in writing before vacating the house. Therefore, since the tenant has failed to do so, he is in breach of the rental agreement and you are legally entitled to not refund the security deposit .
police cannot interfere in civil matters as they are not empowered to do so. Civil matters are handled by the civil court system, and any interference by the police in such matters can be considered interference in the judicial process.
Lessee is bound to give 2 months written notice
2) you can deduct 2 months rent and refund balance amount
3) it is a civil dispute and no need to bow down to pressure tactics
- As per law, both the parties are bound to comply the terms and conditions as mentioned in the agreement.
- Since, there is mentioned that 2months notice is required for the termination of the agreement , then the tenant cannot force you to refund the deposit amount with a notice of 6 days only.
- However, you can deduct the paid amount after deducting two months rent
- Further, the police having no jurisdiction to entertain such civil compliant , and hence you can lodge a compliant againts the said tenant and police as well for harassing
You can deduct 2 months notice amount from his deposit or claim the same through civil suit
Dear Sir,
Police have no business to interfere into this tenant and landlord relationship since it is a civil in nature. You may get issue a strong legal notice and a copy may be marked to the concerned Police Station and also bring to the notice of ACP and DCP. As per the terms you can deduct the amount from the advancement amount ask the tenant to approach Civil Court.
Don't entertain police in this matter as this is a CIVIL Suit.
Ask your tenant to file case in the court and raise the dispute according to Lease Agreement.
Your Lease Agreement should be registered. otherwise it will be no use of it.
Please engage a competent lawyer immediately to handle your case. Arrange to send a legal notice to the tenant asking for payment of up-to-date rent and delivering up the property on or before a set deadline. Instruct your lawyer to appear before the police authorities and explain the factual position to them.
Dear client,
As per the agreement, both the LESSOR (you) and the LESSEE (tenant) are entitled to terminate the lease by giving a 2 calendar months' notice in writing. Since the tenant has given only 6 days' notice, he has violated the terms of the agreement.
You can inform the police that the tenant has violated the terms of the agreement and has not given the required notice period. You can also inform the tenant that he is liable to pay the rent for the remaining period of the notice period or rent in lieu thereof as per the agreement.
You can also deduct any damages caused by the tenant from the security deposit before refunding the balance amount. However, you should ensure that you follow the due process and provide a valid and detailed invoice of the damages caused to the tenant.
If the tenant refuses to pay the rent or comply with the agreement, you can approach a civil court for relief. It is advisable to consult a lawyer and seek legal advice on the matter.
