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Tenant is not handing the keys back
31-Aug-2023 (In Landlord/Tenant Law)
My tenant is demanding full security deposit refund despite messing up the house big time. I said I am going to cut painting and deep cleaning charges of around 40K and return the 1.1L. I already transferred Rs 1 L and said will give Rs 10K after handing over the keys.
He is adamant and has threatened not to give the keys till he gets Rs 50K. Per the legal agreement i have done with him, he is supposed to hand over the keys and then I should transfer the amount. But due to a good citizen, I already transferred the bulk of it and now he is abusing this.
If he doesn't hand over the keys today, what recourse do I have? Per the agreement, he owes me Rs 1500 per day till peacefully the keys are handed over.
Firstly, obtain lawful possession in all manner from the tenant. if he is adamant , getting him evicted from premises will get more difficult despite his time in lease period getting over. you can evict him only after order of court and not by police, and that will take 1-4 years . In the meantime he may not pay any rent. After getting him evicted, you must file different proceedings to then obtain rent for lost time .
secondly ensure agreement is stamped and if registration is required, it is registered deed.
My advise, you may pay him advance under protest, then , obtain possession of property. put some other tenant in possession so as to protect your commercial interest. and then subsequently to Sue the tenant to obtain money paid under protest. Keep all bills, pictures of work carried out by you after your current tenant leaves and you carry out repair works before putting new tenant in possession.
secondly ensure agreement is stamped and if registration is required, it is registered deed.
My advise, you may pay him advance under protest, then , obtain possession of property. put some other tenant in possession so as to protect your commercial interest. and then subsequently to Sue the tenant to obtain money paid under protest. Keep all bills, pictures of work carried out by you after your current tenant leaves and you carry out repair works before putting new tenant in possession.
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Adv. Sushanth Sharma BS
Bangalore | 25+ Answers
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