Upgrad LLM

lessee takes away furniture.


Hi, 

I am sure most of you will find this interesting. My query pertains to a rent agreement of residential property. 

Query:

A full furnished residential property is given on rent. Upon termination of the agreement, it is observed that the lessee has taken away most of the furniture from the property. In this circumstance what can the lessor do??

 

Hope you guys will be able to help me with this. Thanks in advance.

 
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Business

The furniture etc should have been mentioned in the agreement and properly handed over back to the land lord when the flat was. The agreement should have been made accordingly.

if it was mentioned then a case could lie - of misappropriation perhaps. If not, nothing can be done now.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

 
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Thank you Hardeep. Yes the agreements mentions the detailed list of all the furniture items provided. So could you tell me what can be done??
 
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Business

Normally such agreements have a " deposit " which is refunded to the Tenant at the time of handover when furniture etc. is also accounted and adjusted for. Why wasn't that done ?

 

As a first step document all and send him a letter asking for return within a time frame, if taken by error.

 

If no result, you can take a lawyer's advise and proceed with serving a notice on him. The Local Police Station would also be able to advise you what to do - look at IPC Section 403...

 
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Yeah there is a security deposit. But can you guide me how much value can be deducted? -The replacement cost of the furniture or depreciated value?? -Can damages be claimed?? -there will be loss of rent for the time construction of furniture will go on, can that be deducted from deposit? Along with deduction from security deposit can we use IPC 403..?? Also could please tell me whether IPC 403 cases have quick actions or will the case continue for decades??
 
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Business

You need to discuss details with a lawyer who can guide further per documents and facts.

As for tenure of cases there aren't hard and fast rules

 
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Fine, will do so...Thanks :)
 
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