• Lease agreement

This is pertaining to lease agreement. If tenant vacates and for several reasons like no two months notice given, damage to the fully furnished house , owner deducts from deposit , can tenant file a case against owner ? 
Will flat get seized.  Can flat  be rented out to someone else? 
What are the laws protecting the owner in this case ?
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
1)owner can deduct from security deposit damages caused to the flat 

2) further he can deduct from SD 2 months rent if tenant failed to give notice as per agreement 

3) flat owner can rent flat to another party 

4) flat wont get seized . at most if amount wrongly deducted owner will have to refund said amount to the  tenant 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
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If a clause for prior notice is mention in the lease agreement then it obligatory to tenant and land lord. If damages occurred in the house due to mis handling or with out proper care of tenant, the land lord can deduct  its cost from tenants deposit. With out giving a notice for vacating from  rented  house  land lord can also claim two months rent from the deposit. If the land lord wrongly deducted an amount from deposit ,he is liable to return the same if the tenant approach the court. In such situations send a legal notice to landlord
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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flat shall not be seized instead of damages shall be audited by the court ameen or surveyor. premise may be rented again by the landlord. without giving 2 months notice renders that  eviction illegal.   
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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1. The compensation of tenant, if any will depend on situation and terms and condition of the rent agreement.
2. Unless your valuables/goods are unlawfully withhold by the landlord in no event the flat would be seized nor it can be restrained from leasing out to other tenant.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
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1. The landlord has the right to deduct from the security deposit if the tenant has violated the notice period clause and/or damaging the property. You can always file a case against anybody but you have to prove it in the court.

2. The landlord will be at liberty to lease the flat. Under no circumstances the flat can be seized.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi, tenant has right to file a case against the owner for above stated reasons but tenant has no right to seize the flat.

2. Owner has every right to rent the premise to any other persons.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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The lease agreement speaks the terms and conditions agreed between the tenant and the landlord.  If the tenant breaches the conditions lease agreement by vacating the premises without giving notice as mandated and agreed in the agreement he has to aide by the condition agreed to the deduction notice period penalty from the earnest deposit and also for the damages to the house property during his tenure of stay as tenant.

can tenant file a case against owner ? 
Even if files a case it will not be maintainable because he has agreed and signed the lease agreement to abide by the conditions thereon, so need not worry.

Will flat get seized. 
No, not at all, why do you get such doubts, who confused you this way? 


 Can flat  be rented out to someone else? 
Yes, why not.  you can proceed with a new tenant, there is no restriction to it.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
The tenant is liable to pay the rent till the date of his occupation or till he physically vacates and hands over the vacant possession to the landlord. 
The two months notice period is mandated if the tenant wold like t vacate before the expiry of the lease agreement period on agreed terms.
The deduction of rent shall be till the date he physically handed over the vacant possession and for all such damages/ cost of repairs.  Therefore if he extended the date, you can deduct the rent till the extended date if he is vacating  on the said date.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1) settle amicably with tenant 

2) litigation is an expensive proposition 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
You did not violate any law by deducting from the security deposit. The tenant had to either pay the rent of 2 months or serve the notice period.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
The best choice is settle the matter amicably other wise you have to loose money more than one month rent
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
if tenant breaches any term of the agreement landlord has right to deduct that amount from security deposit. you should have repaired that fridge and deduct amount of repair from the rent.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0

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