Legal Question in Landlord & Tenant Law in India

Dear Sir

I have entered into a Leave and lease agreement with the owner of a house in Navi Mumbai and the lease agreement is registered. The owner had taken a security deposit of Rs 2,00,000.00. I have paid all my rents on time baring the last payment for March 2014 (My presumption is that while refunding the security deposit, he shall deduct the last month rent and refund the balance payment). I am about to vacate the premises on 29th March 2014 and communicated the same over phone on 03/03/2014 (Shall be giving him a written notice today). As per the conditions of the Leave and Lease agreement one month notice would have to be given.

The home owner is insisting on allowing other would be tenants to visit the premises so that he could give it on rent as soon as I vacate the premises. I am resisting the same that this is not stated in the agreement. One Clause states that the house can be inspected by giving one day notice. He is also stating that he would be delaying handing over the security deposit if he does not find another tenant. My queries are as follows;

� Am I legally bound to allow other would be tenants to inspect my house?

� Can the home owner withhold the security?

� If the homeowner does not refund the security deposit to me upon handing over the flat in good condition what legal recourse do I have?

Can I legally not handover the keys of my flat to the owner when he is no refunding the security deposit

Regards

KAUSHIK MUKHERJEE | Director Business Development, POWER, India

Black & Veatch Consulting Private Limited| 101 Kensington A Wing, Hiranandani Business Park, Powai,

Mumbai - 400076, India

+91 (0) 22 6775 4594 P | +91 (0) 22 6775 4545 F | +91 (0) 9820726409 M | [email protected]

Also visit: www.bv.com


Asked on 3/13/14, 12:40 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.03.2014

Dear Kaushik,

Here are the answers to your questions :

1. No, you are not legally bound to allow other would be Licensees to inspect your premises till the date of expiry of the Agreement for Leave and License (ALL) or the date of your handing over possession of the premises should there be a delay thereof on account of delay in return of your Security Deposit amount, whichever is later.

2. No, the Owner cannot withhold the Security Deposit on the pretext that he / she will give it only after a new Licensee occupies the premises, as it is not your responsibility. You should tell the Owner that you will hand over the keys of the flat only on return of the Security Deposit net of any recoveries towards unpaid Electricity charges, Cable charges, Water charges, damage of electronic equipment or furniture and fittings if any, provided by the Owner for your use in the premises, as spelt out in the Agreement, and recovery of pro-rata monthly lease compensation for the shortfall days in the notice period if any as specified in your Agreement for Leave and License (ALL).

3. You may report the matter to the Police for amicably resolving the matter.

4. Yes, refer answer (2) above.

Regards,

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Answered on 3/23/14, 7:30 am


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