When does a the tenancy end exactly? If a tenant returns the key and the landlord accepts the key, does it end the tenancy and return the possession of property to the landlord? If a dispute arises in terms of advance after the return of the keys, can the tenant comeback later and install a new lock? Background: We had rented out our 2BHK in Tamil Nadu. We gave two months notice to our tenant to vacate. He vacated the premises and returned the key. When we asked for painting charges, he said he will return with a painter to make an estimate (we did not quote any amount since we didn't want to create a dispute). He did not return that day and the next day when we were out of station he locked the house with a new lock. We have it in writing (whatsapp messages) that he returned the key and that he returned later to put a new lock. In the messages, he also mentioned that placed his items back in the house (false because the old lock for which he returned the keys is not broken). He has sent a picture of putting the new lock as well. In the meanwhile, we returned the deposit without deducting any painting charges the next day. He hasn't been cooperating for 2 weeks. On a phone call he mentioned that he's not affected by this and he won't cooperate and he's happy and unbothered (have a recording of the call). So, the questions - whether his act of returning the key means that he has given up the possession of the property? - whether his acts of returning to place a new lock after returning the key amounts to criminal trespassing? TNRRRLT act 2017 cannot be availed by us as we didn't know about it at the time of renting and haven't registered the agreement.
Act of returning the key means that he has vacated the premises .it should be in writing that he has delivered vacant possession to you
you should send letter to him by speed post that on retirn of security deposit and keys of the premises the tenancy has come to an end
ask the tenant to remove the lock failing which you would file Poluce complaint against him of criminal trespass
Once the tenant conveyed his intention to vacate and subsequently handed over keys it clearly indicates that he vacated the premises and delivered vacant possession.
If he is putting a new lock after delivery of vacant possession then it can be considered as a criminal offence of illegal trespass.
You can lodge a criminal complaint against him with local police for this offence.
Dear Sir/Madam,
From the inputs given by you, it is clear that the tenant returned the key and you accepted. Further, you returned the advance amount also. Then the keeping a new lock intact by the said person, is nothing but the unauthorised and unlawful possession of your property and you are free to take legal action in criminal side as well by police complaint as well.
Handing over the key after vacating the premises is unequivocal act of surrender of tenancy. Putting again a lock amounts unlawful restrain making him liable for punishment under BNS. File a criminal complaint in the Court of Magistrate.
TNRRRLT act 2017 is not attracted as no tenancy is in existence after handing over key.
Thanks for the responses. A followup: the advance was returned after he installed the new lock. Will this affect the matter in any way or the return and acceptance of the keys settle the question on possession by the owner?
Return and acceptance of keys settles the question
also security deposit has been returned
Once the tenant had returned the keys it is deemed that he vacated the rented premises and delivered vacant possession to the landlord.
Besides you have returned the advance amount too.
Hence the act of putting his new lock clearly proves his intention to grab your property which is a criminal offense.
You can initiate criminal complaint against him through police for this offence.
thanks for the responses! besides trespassing and unlawful restraint what other charges can be levelled in this circumstance? He is acting with malicious intent by not cooperating by not responding to messages or phone calls.
You can issue legal notice to tenant
contact local lawyer
You can make a complaint expressing your grievances fully Making sure that the said offences are covered
The police will take care of the offences based on your complaint.
You can take the help of an experienced lawyer in the local to draft the complaint.
You don't write to him or send any messages after this.
Though the matter is legally settled by handing over key, he can still approach court and drag the dispute for years. Having refunded the advance, you cannot even recover the rent pending the case.
Dear Sir/Madam,
The following charges/allegations are obvious from your inputs:
1. Criminal tresspass
2. Restraint
3. Unlawful possession
4. Wrongful loss to you
5. Wrongful gain to him.
It is suggested that returning of amount is important and change/modify your statement that the same was done on his assurance to remove the lock.
Tenancy termination
Under the Transfer of Property Act §108, handing over the keys – and your acceptance of them – constitutes surrender of possession. Your refund of the advance (even if done after he changed the lock) confirms that mutual settlement, so the tenancy ended when you accepted the keys.
Unauthorized re-entry = criminal trespass
His return to fit a new lock without your permission amounts to:
Criminal trespass (IPC §447)
House trespass (IPC §448)
Wrongful interference with possession (IPC §441)
Other possible charges/remedies
Mischief (IPC §427) for damage caused by changing your lock
Conversion/trespass to goods if he left or removed any items
Civil suit for injunction to prevent further interference and for damages (breach of contract)
No there is be deed or any documents for surrender along with the keys
- Since, the tenancy was terminated after sending a notice and the tenant has already handover the key after vacating the premises then he cannot reclaim the same on any ground.
- The registration of the agreement is not mandatory if it was made for 11 months.
- You can lodge a complaint against him for the offence of breach of trust and trespassing.
