amit 2230 07 March 2021

ADVANCE RENT FOR LEASED PROPERTY DIDN'T RETURN BY OWNER

Sir I had been occupying a house on lease agreement in Delhi, for that I had to deposit two months advance rent with property owner. Owner wasn't residing at that place. Rent was being deposited to his account directly though while vacating the house the owner didn't return the advance rent despite reminders. Tell me the available course of actions I can take

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Vasundhara Singh (Student) 07 June 2021

Hello!

Leave and license agreement are governed under section 52 of the Indian Easement Act, 1882. To transfer property on lease, the lessor and the lessee have to mandatorily follow the provisions of the Act. It should contain the duration of the contract, conditions that will lead to a breach of the agreement, the rent and the advance token money, rules of termination etc. Both the parties should agree to the terms and sign the agreement with consent which will b lawfully binding on them.

In your case, if the lease agreement mentions the advance token money and terms of returning the amount, then the owner is under a legal obligation to return the same as per the terms of the agreement.

You have the remedy to move civil court filing claim for recovery of the token money under Specific Relief Act, 1963 where the court will order the owner for the payment of money or you can also file for breach of contract.

Best Regards,

Vasundhara Singh

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