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Leave & licence agreement

Querist : Anonymous (Querist) 08 July 2022 This query is : Open 
Dear Sir, I had given out my flat in lower parel on rent from March 2021. My tenant had insisted for 2 years lock in which is in force till March 2023. The agreement is registered. Suddenly on 6th July i got a call from my tenant that he is vacating the flat and giving the key to an agent. I was shocked. I said you can vacate like that. I will let you go once I get a new tenant. Why should i suffer the losses. Then he started threatening me saying I will not pay rent and I will not give possession of your flat. Do whatever you want. I will put your flat on airbnb, I will make your life hell. So I called my lawyer. He had advised me register a complaint in police. I gave a letter to police. In the meantime my tenant went to police and handed over my flat key to a constable and sent me a SMS stating

To,
Janhavi Sadanand Mantri
This is to let you know that I have legally given up the possession of the rented property at C-203 Neelganga apartment. The Key (same one which you gave me in March 2022) was returned to Hawaldar Shinde from NM Joshi Marg Police Station. He has a paper with your name and mobile number along with the house key. I have also spoken with senior Police officer about the handover of possession of the property. I have paid latest electricity and gas bill this week itself which you could check online. Also I have paid rent in advance until 9th of this month plus you have 2 months rent as deposit. I tried my best to negotiate a middle way for you to have no loss atall since I had signed a lock in period of 2 years however you went to Police Station with a civil matter. Hence forth if you would like to communicate then please coordinate through courts as I do not wish to communicate with you anymore.
Tenant
-Azim Khatib
7th July 2022


Now I don’t know what to do. Please guide.

Thank you,

Janhavi Mantri
P. Venu (Expert) 08 July 2022
You are on the wrong side and so is lawyer who has advised you to approach the Police.
Dr J C Vashista (Expert) 09 July 2022
You must have some advance payment in terms of L & L ? Adjust your outstanding rent, if any.
The tenant have violated terms of L & L, accordingly you can get it enforced through appropriate jurisdictional Court.

Your lawyer's advise is wrong and incorrect, change him/ her immediately.

How a police constable can accept keys of your flat ??? Unbelievable statement.
Querist : Anonymous (Querist) 09 July 2022
Dear Sir,

As he had threatened me saying I will not give possession of flat and i will make your life hell I went to Police. After he was called at the police station he surrendered the key at the police station. I have not received the key yet. Should I go at the police station and collect my key?
Querist : Anonymous (Querist) 09 July 2022
Dear Sir, As he had threatened me saying I will not give possession of flat and i will make your life hell I went to Police. After he was called at the police station he surrendered the key at the police station. I have not received the key yet. Should I go at the police station and collect my key?

Read more at: https://www.lawyersclubindia.com/experts/leave-licence-agreement--742791.asp
Querist : Anonymous (Querist) 09 July 2022
Dear Sir, As he had threatened me saying I will not give possession of flat and i will make your life hell I went to Police. After he was called at the police station he surrendered the key at the police station. I have not received the key yet. Should I go at the police station and collect my key?

Read more at: https://www.lawyersclubindia.com/experts/leave-licence-agreement--742791.asp
Querist : Anonymous (Querist) 13 July 2022
The tenant has taken away everything (including the lights) from my property and destroyed my flat and ran away. He has not cancelled the agreement he refused to sign on the paper which stated that I am cancelling the agreement.

What should I do? I have barely one month rent as deposit money.

Regards,
Janhavi


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