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dhamal (accounts)     14 June 2011

Landlord asking for keys of house

Hi

I have been staying in a 1BHK house since 2 years. The landlord didnt make any agreement nor he gave me any rent receipt even when I asked for it consistently. Landlord started with a rent of 6000+500 maintenance and stated that he will increase rent @10% annually and I will have to stay minimum for two years. He took a deposit of 2 months rent (12000). Moreover now he has started asking to pay for water bill as well over and above the maintenance. Now I have completed 2 years of stay and I need to move out as for the same rent I am getting a good 2 BHK house. I told the landlord on 10 june that I will be moving out on 1 july and asked him to deduct rent from deposit. He surprised me with 2 month notice period talks. So I said that you better keep all the deposit and I will handover the house to you on 1 july. So now he is asking me for the keys of the house and saying that he needs to show house to other interested parties and asked me to shift all my important things to the bedroom and lock it. He asked me to handover keys to the main door so that he can show house to others.

My question is:

He never talked about 2 month notice

I am surrendering my entire deposit of 12000 just for 1 month

He is invading my privacy

What should i do in such case ?? Please suggest. Is it necessary for me to give the key ?? Should I just vacate the house on 30 june and hand him the house ? What can i do in case he pressurizes me to give the keys to him?

Please provide your valuable guidance !!

 

 

 

 



Learning

 7 Replies

Dipangkar (Business)     14 June 2011

You can do a lot dhamal, but i would recommend you NOT to.

Due to The Indian Rent control Act, Indian Landlords seldom receives back suitable returns for their buildings let out on Rents, You can play a Long case with the Landlord, but the result will be.... You will damage your time, money & efforts, The landlord will pull up his hairs that why He let you In.. in the First place.... etc, etc.

But Ultimately, the Landlord will get back His Property (even if it will be after 100 years), for He is the REAL owner of it..

Due to the Rent Control Act, and also for Tanents applying it now-and-then, MOST  LANDLORDS  IN  INDIA NOW-A-DAYS  ARE  MOTIVATED  TOWARD  KEEPING  THEIR  BUILDING/ROOM  LOCKED  UP  FOR  FUTURE  APPLICATION  BY  THEMSELVES,  RATHER  THEN  LETTING  THEM  OUT  TO  TANENTS.

So you see, the problems that are arising for a Rented-Room-Seeker everywhere.

dhamal (accounts)     14 June 2011

Hi Dipangkar

Thanks for your reply. But I have no intention of occupying the house. My only question is - While I am still staying as tenant till June 30, isnt the landlord invading my privacy by asking a duplicate copy of the key to the house? I have my belongings in the house and in case I dont trust him, does he have a right to do so ??

He is pressurizing me to give a duplicate key of the house to him as well, so that he can enter at his will !! Am still staying in the house. Though it is his house, can he ask for keys ????

 

 

Dipangkar (Business)     14 June 2011

Dhamal, In the absence of a written agreement between the Landlord & the Tanent, the Court will use the standard form of Rent Agreement, giving you the name as "Tanent at Sufference"

 

In the standard agreement it says that in a rule that .....

"That the Lessee hereby agrees with the Lessor that the Lessee will pay the Rent thereby

reserved at the Time and manner aforesaid and will not make any Structural alteration

and/or addition thereto without the Written consent of the Lessor and will at all

time-reasonable permit the Lessor or his Agents to enter the Premises and to Inspect the

condition thereof and give or leave Notice of any Defect of such condition.

"

So you cannot deny permission to the Landlord for entering your premises. He will defend himself as "Inspecting the House"

On the other hand it's not fare of the landlord to ask for Duplicate keys. Whatif someone steals your Valuables, using that key ?

You can say to the Landlord, that he or his agent may enter the Room when you are Present only for the Insepction of the Room as a resonable cause, but you cannot give him a Duplicate key to the Room as you have Valuables Inside it. Else, for any theaft of your properties inside the room, the Landlord will be accused as Guilty.

1 Like

Dhiraj Satra (Legal Advisor)     14 June 2011

Hi Dhamaal, As you said that there was no agreement to that effect executed between you and your landlord and it is assumed that you are staying in the premises on leave and license basis. However unless there is a provision in the agreement for keeping a duplicate key or the original key with the landlord or the licensor he can not ask for the same and even if he has the key, in my opinion he can not open the lock without giving you a prior notice and that to at specified time which should be normal business hours.

1 Like

dhamal (accounts)     14 June 2011

Hi Dipangkar

Thanks for your suggestion. I dont have any problem with the landlord coming to inspect the house at normal timing. but he has asked me to give keys and he will show house to anyone at anytime !!! thats why I was thinking whether it would be wise or not. Thanks for your guidance !!  I think I should mention him that I can allow him to show house only during my presence.

dhamal (accounts)     14 June 2011

Hi Dhiraj

Thanks for your suggestion, will ask him to visit the house only in my presence.


(Guest)

How have you made the rent payments and deposit so far? By cheque I hope?


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