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Tenant refusing to vacate not handing over keys what to do
28-Aug-2023 (In Landlord/Tenant Law)
My elderly Aunt's upstairs tenant has been occupying the flat for several years paying under market rents. My aunt has asked them to vacate several times as she lost her son and wants her daughter to move in upstairs so she can take care of her. The tenants have vacated but not handed over the keys. My aunt has filed a case to elevate rents to market rates. The tenants are refusing to hand over the keys and have not paid rent for 5 months, My aunt is willing to offset unpaid rent against the security deposit and has even offered to pay the rs 50,000 to vacate, But they are refusing to hand keys over and are demanding Rs 1, 50,000. The case is ongoing. I am seeking advice on my aunt's behalf in this matter, What are her best options?
Since your Aunt has already filed the case for solving the dispute, there are no other options for resolving the same outside the Court by compromise. Well, if the tenants have already vacated the flat then your Aunt is legally free to get the lock opened without insisting the tenants for handling the keys or the door can be broken depending upon the circumstances. And as you have mentioned that your aunt is willing to offset the unpaid rent against the security deposit therefore she should offset the same and she can claim the remaining amount (if any) through the ongoing suit.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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