Non-refund of lease advance

Querist : Anonymous (Querist) 13 June 2010 This query is : Resolved
A Company on end of lease-period vacated the premises and sought the advance amount paid. The premises owner refuses to accept the keys and demands exorbitant charges (over and above the advance money) stating one or the other reasons. The company is willing to do needful repairs, if any.

What is the remedy available to the erst-while tenant company?

Tks.

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Devajyoti Barman (Expert) 13 June 2010
The lessee should immediately send a notice stating that after the expiry of the lease it is not ready to renew the same and ready to handover the actual possession. After that notice the lessor can not held the lessee liable for the possession of the leasehold property nor demand any rent for further period even if it refuses to accept the keys of the same.
Thereafter the lessee by sending a notice for refund of advance money may demand for recovery of the said amount from the civil court.

Raj Kumar Makkad (Expert) 13 June 2010
I concur with the perfect advice of barman.

G. ARAVINTHAN (Expert) 14 June 2010
No right conferred to landlord to have advance amount with him.
The company can issue a notice and initiate suit for recovery of money at the earliest

Uma parameswaran (Expert) 16 June 2010
Move with civil and criminal proceedings.

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