Leave and license - security deposit
Law Student
(Querist) 30 December 2013
This query is : Resolved
Dear All,
I have a very peculiar problem in my Leave and License Agreement which was registered and in Mumbai.
After ~1.9 yrs. I have given a notice to my landlord for vacating the flat. First he tried negotiating with me to stay in the house for another 2 months to complete the term. When I told him that its not possible he said Ok.
Now he states the following -
1) I have not given him a notice for vacating the flat. Whereas the day we spoke I wrote him an email summarizing our discussion and reiterating that I am leaving the flat.
2) His residential address in the Leave and License Agreement is my flat address, hence I cannot give him a hard copy notice. The broker has refused to take the notice delivery.
3) Landlord is pressing to accept the 30 day notice only from the start of the month and not in between. This amounts to roughly an extra 20 day rental for me. (Our Agreement does not state anything as such. Only a 30 day notice is to be given by either party).
4) He wants the rent cheque for the last month. Looking at his conduct, I am averse to giving him the cheque and block further sum with him. I have told him to deduct the money from my deposit as I will not be staying for the would month as I had given notice in between the previous month.
5) Deductions: What all deductions can he make from the deposit. His house is in shambles as it was not maintained. The walls have developed cracks and water leaks through the walls during rains. This was shown and informed to him which he did not bother to repair (was one of the reasons I am leaving the flat). Does drilling a hole for installing acquaguard and small glass shelves amount to damage to property by the tenant?
6) What are my rights in the case he refuses to refund me the deposit and I have vacated the flat, but not handed over the possession to him. Can he break open the door and take the flat (as anyways my stuff will not be there as I would have moved to new apartment). Does the rent still clock during the time we are in dispute.
7) Can I apply for an injunction under sec 6 of Special Relief Act in case he breaks the door (? How much time does the order under sec 6 take and what are the general court fees?
8) Any other remedies I have if he does not return the deposit (but does not break the door). The Deed is registered with Mumbai Registrar.
Thanks a ton in advance. I have posted this query to safeguard my interests in advance.
Dr J C Vashista
(Expert) 31 December 2013
Engage a local lawyer, give him/her your brief, valkalatnama and fees, who will take care of your case in a professional manner, without giving you much of the trouble.
Rajendra K Goyal
(Expert) 31 December 2013
You have vacated the premises, try to have amicable solution . Handover the keys to landlord and enjoy tension free stay at new premises. Litigation would result cost to both.
You may have to pay rent for vacated premises if you do not handover the keys to landlord.
ajay sethi
(Expert) 31 December 2013
you are a law student . query is academic in nature
R.K Nanda
(Expert) 31 December 2013
academic query.
Dr J C Vashista
(Expert) 01 January 2014
Academic querry.
I wish all the members a Very happy, healty and prosperous New Year
T. Kalaiselvan, Advocate
(Expert) 31 December 2013
