Manickchand (Banking) 05 August 2014
I rented a flat in Mumbai with 3 other friends of mine as co-tenants. The lease is of eleven months. Now i want to vacate and move in a different flat due to unsocial nature of the two of my flat-mates. I asked them my deposit money be refunded to me, to which they refused. Is it possible for me to dissolve the rent agreement and retreive the amount only at my behest. (Given, i approach the broker myself and tell him my case)
shanmugam lakshmanan (senior) 05 August 2014
Being yourself as main tenant you are responsible to your landlord. If your not convenient with co-tenants you can take steps to evict them. You may seek help from an Advocate near to you.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 August 2014
If one tenant serves notice to terminate a periodic or month-to-month tenancy, the tenancy is ended for all the tenants. The landlord must deal with the security deposit at that time even if one of the tenants continues to occupy the rental unit. Accordingly, the landlord must complete an inspection and either claim for damages or return the security deposit within 7 business days payable to all the joint tenants.
If one tenant continues to occupy the rental unit that is considered a new tenancy agreement and the landlord can require a new security deposit be paid in accordance with the rules in s. 26 of the Act.
In a fixed-term tenancy, the tenancy ends on the expiry date and the landlord must deal with the security deposit at that time.
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