Tenant demanding security deposit
3 years ago
Hi
I have given my flat on rent to one of the tenant in Delhi from 20th April 2020. We signed the lease deed on 18th March 2020 with rent commencement and possesion date from 20th April 2020 and security deposit of 3 months.
I was supposed to handover the keys to the tenant on 15th April but due to lockdown could not. So he was not able to travel from Ahmedabad and occupy this flat and take possession.
Now my tenant is saying that he doesn't want the flat on rent and wants the security deposit back as well since he lost his job due to this lockdown.
Kindly guide what to do. He is saying that he will file the case in civil court of I don't give back entire security deposit and then I will not be able to lease out the property at all to anyone till the case is settled. He is not willing to negotiate on security deposit at all and wants the entire money back.
Only option is to give him deposit back and then terminate the lease deed? Or do I have the option to keep his deposit and let him file a case.?
As per the agreement lock-in is for 12 months and no one can terminate the agreement before that.
Suggest what to do
Naveen Sharma
Responded 3 years ago
2) If you have utilized some part of money then tell to the tenant about the same that you are having some personal problems & so will refund the part payment in later stage, But keep this in writing from his side, If the Agreement is Registered MAKE SURE THAT THE CANCELLATION OF THE DEED IS ALSO MADE OR ELSE YOU MAY LAND IN TROUBLE (IF HE AGREES THEN ONLY MAKE THE 1st payment & Give him the next installment date also) And incase you have the FULL amount ready then please refund THE ENTIRE AMOUNT AS THE PERSON ON OTHER END HAS ALREADY LOST HIS JOB
Your query is answered in detail; also you can call me back for the same.
We can help you in getting done the same & Complete Legal Documentation works.
Hope this information is useful
ADV. ANISH P (High Court)
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You may consider the lockdown period as a settlement in good faith
Extra amount for completion of project
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