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landlord not giving advance
01-May-2023 (In Landlord/Tenant Law)
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 .
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
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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