queslandlord not giving advance

We rented a commercial premises in 2008 in Chennai and paid Rs. 20 Lakhs advance to premises owner. Every month we paid rent on time. As business was down we served three months notice to premises owner on 20/08/2014 ( as per lease agreement) and they accepted it. We vacated the premises after three months on 20/11/2014 and informed to premises owner by phone , email and speed post to refund advance amount and take handover simultaneously. But owner replied by email that “ first you officially handover , then we shall inspect then we shall refund the advance. Until you handover rent will continue “ . Our apprehension is , If we handover the premises without getting advance then owner may delay the refund payment .

  • ans If the lease deed is silent on the manner of hand over of the possession and refund of the security deposit then both the phenomenons shall take place simultaneously. The clause in sale deed, if any, with respect to the return of deposit and hand over of possession will take effect. Lessor has the right to carry out, prior to refunding the security deposit, an inspection of the premises to ensure that no damage has been caused to the premises due to an act of the lessee. A lessee is liable to compensate the lessor for any damage caused to the premises due to his act. This is a right which cannot be denied to the lessor. If security deposit is not returned by the lessor even after possession being returned in accordance with the mode enshrined in the lease deed then you may file a lawsuit for recovery of money

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Landlord/Tenant Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Landlord/Tenant lawyers in India

Similar questions

I am the legal tenant since 70 years in Pune, But the owner filed the…

We were living in a rented apartment. We have known the landlord for long. Due…

My mother has commercial property on rent almost 12-13 years back. Now the tenant is…
Hi, I am having one shop. Which I gave on rent for liquor bar. I…

Landlord/Tenant Lawyers in India

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

Advocate T Kalaiselvan

 Experience: 16 years

Advocate Ujwal Phasate

  Kukde Lay Out
 Experience: 8 years

Advocate Rajat Joseph

  Nizamuddin East
 Experience: 15 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly