• Rent agreement

I have taken a shop for rent for 18000.00 Rs per month & Deposit Amount of 100000.00 Rs. in July Month of this Year. the agreement was made for 11 months. i have paid rent regularly along with maintenance charges for one year of 4800.00 rs. Unfortunately i could not start my project for which i have taken the shop for rent.i have informed the owner that i am vacating & he can cut a month rent & give balance deposit along with maintenance charges. the Owner is saying it is compulsory that i complete 11 months.there is no mention of compulsory 11 months in agreement.
Please give your suggestion.
Asked 2 years ago in Property Law from Hubli, Karnataka
1) if there is no lock in period mentioned in agreement you can issue one month notice that you would be vacating the premises and request landlord to refund your security deposit at time of vacating the shop premises . 

2) you cant be forced to  pay rentals for period of 11 months . 

3) if landlord refuses to listen to reason issue him a legal notice for refund of your security deposit 

4) file  summary  suit for recovery of your security deposit  of Rs 1 lakh
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Refer the rent agreement as to any minimum period is mentioned or not. Even if such issue is there in many circumstances that can be breached.
2. in any event if such clause is nit there he cannot force you to stay for whole period of lease or forfeit the security money.
3. If the landlord indeed refuses to part with your security deposit you can file civil suit for recovery of money and criminal breach of trust.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1. You have not mentioned whether there is any lock in period mandated by the rent agreement you executed with your landlord. If there is no lock in period which mandates that you cannot vacate before 11 months then you are at liberty to vacate the premises without passing through the ordeal of paying rent for 11 months. Once an agreement is executed the rights of all the parties thereto flow out of the agreement itself which remains sacrosanct for all practical reasons.

2. If no lock in period is prescribed then you can vacate by issuing a month's notice to him and demand the security deposit.

3. If landlord does not oblige then issue a lawyer's notice to him through a lawyer and demand the refund of your security deposit, failing which you may file a case for recovery of your security deposit in the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
you say you have taken the shop premises on rent of Rs.4800/- for 11 months from july 2014 of this year. In that case you have been a tenant with your landlord for 3 months only. U could not have paid rents along with maintenance for 1 year.
This apart, show your rental agreement to a local advocate to examine the mode of exit, termination of the agreement. Normally all rental agreements provide a 30 days notice period by both parties. If the same has been provided then you have fulfilled the same and are therefore entitled to terminate the rental agreement and seek for refund of the advance amount. 
The landlord cannot compel you to stay for the balance period unless if there is a lock-in period mentioned in the agreement.
Issue a legal notice, then proceed to file the suit for recovery of security deposit thru a local advocate.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
Hi. owner can't compel the tenant he has to stay 11 months, ask him to pay the balance amount after deducting paint and other charges if not you can give a notice to pay the balance amount and file a suit for recovery of the amount.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. If there is no lock in period in the agreement and the notice period of 30 days has clearly been mentioned in the said agreement, then the landlors can not impose his own terms on you and force you to stay for 11 months or pay rent for that period,

2. Send him a legal notice to this effect to refund you your balance amount within 15 days,

3. If he fails, file a Recovery Suit against him also praying for interest and damage.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You can ask for refunding the maintenance amount for the months you have decided not to stay there,

2. Settling the matter amicably is suggested since court cases take long time to be disposed of in our country.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) you cannot ask for recovery of amount you spent on painting the shop . and for installation of bulbs etc 

2) you can seek refund of maintenance amount paid upfront for period you are not in possession . 

3) if you deliver vacate possession of the shop you need not pay further rent . 

3)better arrive at an amicable settlement as litigation would be long drawn  and expensive proposition
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. The amount spent by you towards painting the shop and installing bulbs cannot be recovered from him.

2. The maintenance amount paid by you in lump sum can be recovered by you as you are not going to occupy the premises now. You may in this regard issue a lawyer's notice to him to seek refund.

3. You do not have to pay rent if you are not going to continue your possession of the rented premises. 

4. Settle the dispute amicably as litigation is an expensive affair which requires deep pockets.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
A. Is there any prior notice period to vacate the premises during the existing lease agreement? If so, you can vacate the premises by serving notice period and entitled to get a security deposit after the deduction of the arrears.

B. The Owner cannot compel to use the premises till 11 months and not eligible to confiscate 11 months rent also.

C. You cannot claim amount towards the installation and bulbs charges.

D. You can issue legal notice to him to return the Security deposit within 15 days or else approach the Court  for the remedy.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0

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