Is Court fee payable a percentage on one year rental value ?
I have a lease and license agreement but it is made for 4 years so, it's done very un-professionally. One of the clauses is 'On Termination of the Agreement, the Licensee shall deliver a vacant possession of the schedule premises to the Licensor against the Licensor refunding the security deposit after deducting dues.' The tenant claims to vacate the premises but doesn't want to give possession asking for some trumped up security deposit with no basis and simply want to claim possession. He is claiming that since his reasons for possession is for security deposit, he doesn't have have to pay any rent. We lost another tenant with a signed lease. We are filing proceedings for possession and damages/mesne profits before civil court.
1. Can someone claim rent -free possession because of his version of not receiving security deposit. We have offered him to take it 3 times but he refuses it on one pretext or the other.
2. Is there a court free that the landlord has to pay which is a percentage on one year rental value? If so, is it the last year of rent or market rate or the new lease that I couldn't proceed with ?