Lease issue

M Senthil Kumar (Querist) 17 October 2022 This query is : Resolved
Hi,
My lease is expired 2 years back and the owner is not still ready to return the amount. He is not attending my calls also. I'm still in the possession of property. I dont want to renew the lease. what are the things i need to do to get my money back. Thanks in Advance.
Regards,
Senthil Kumar M

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If your lease has expired and the landlord is not returning your security deposit, you have several options. It's recommended to first issue a formal legal notice through an advocate, demanding the refund along with any applicable interest. If this doesn't resolve the issue, you can consider filing a complaint with the rent controller or initiating a recovery suit in civil court. While you are still in possession of the property, it's advisable to communicate your intention to vacate in writing and specify a date for handing over the keys, contingent on the return of your deposit.

kavksatyanarayana (Expert) 17 October 2022
Though the lease period expired 2 years back, are you regularly paying rent to the owner? Property is in your possession and you are using it. Why are you worried? Send him a legal notice.

Sourav Das (Expert) 18 October 2022
Send legal notice through advocate, asking for refund along with interest. Then complaint before rent controller or file suit for recovery of money in civil court.
Generally these kind of matters are settled amicably after issuing legal notice itself. Do not worry.

Advocate Bhartesh goyal (Expert) 18 October 2022
Yes, issue legal notice to lessor and demand refund of advance money .Since possession of property with you so you nreed not to worry but meanwhile stop paying him further rent as use and occupation.

Dr J C Vashista (Expert) 18 October 2022
As rightly observed by experts you are still in possession of leased property without payment of rent to the landlord, which must have been accumulated to a huge amount, over and above the security deposit.

M Senthil Kumar (Querist) 18 October 2022
@Dr J C Vashista, I’m not staying in the room. I have the key and my lease amount of 5lac is with the owner. I do not return the key until he returns my money.

T. Kalaiselvan, Advocate (Expert) 18 October 2022
If you have not returned the keys it can be understood that you have not delivered vacant possession to the landlord after the termination of the lease agreement.
Therefore you communicate your decision to vacate the leased premises on a date tht may be stipulated in your notice of communication and demand the return of the security deposit amount in full as on the date of vacating the premises.
have you taken steps to get back your advance amount so far?
have you at least informed your decision to not to continue the lease after the expiration of the lease agreement in writing?
Issue a legal notice first and then plan the other issues accordingly

Dr J C Vashista (Expert) 19 October 2022
@M Senthil Kumar,
Go through the opinion and advise of expert Mr. T Kalaiselvan, which I fully agree and appreciate.
Did you intimate (in writing) to landlord qua your intention giving specific date, time and place to handover key of the demised premises, if so, when, where and how (you did not disclose in your post ?
If you have intimated you can sue the landlord for illegal retention of security deposit.
Otherwise you are still in possession and liable to pay rent even if the agreement has expired.

R.K Nanda (Expert) 19 October 2022
send legal notice to owner to refund your security amount within one month time failing which file recovery suit in court against owner.

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