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Akash Singh   18 April 2021

Owner harassing me for keys.

Hey there, I have been staying in a 2bhk flat since 1 month. We have a rent agreement of 12 months, i belong to the northeast region of india. Now due to the rise in covid, i want to go to my hometown. And i have paid the rent in advance for the month as well as the maintenance. Our society has a rule that, to bring in or take out your belongings, you need to get a mail from the owner of the flat. Now the thing is, my owner didn't told me about this, i had an early morning flight,so i had to leave in the morning at 3 am, i went to ask the gate guard about the cab, whether they will allow the cab in at early morning or not, then i got to know about the rule, when i called my owner about the matter, she knew that i was in a big problem as my flight departure was nearing and she took advantage of this situation and told me to submit another months rent as well as maintenance and submit the keys to the broker or to her. I told her that i still have my things inside the flat and i will be paying the rent every month in advance, but she denied me exit from the flat without these conditions being fulfilled. Now i know that in the aggrement it is written that "during reasonable time the owner or his agent can visit the flat and look for any damage or so" but there is no rule such as the tenant will have to submit the keys to the owner while still renting the flat, i was just going home for the covid scenario, and i will also be paying the rent as well and that too in advance, isn't asking for the keys while i am gone is breach of privacy. I had already paid the advance rent the day before my flight. Also then she asked me for 1 more months rent although she had the security amount with her, as well as she told me to submit the keys to someone.....she didn't care for my flight or my parents getting scared for us. Eventually i could not fulfill her wishes and i was unable to leave. It feels like i have been made a captive, even though i had paid for everything in advance. She told me that if anyone will need quarantine then they can use my flat, so that's why she wanted the key. But the question is that i am paying the rent well in advance, there are no dues on the flat, and yet she wants me to handover the keys while i will be gone home. She didn't allow me to go home, and she also cut my fathers phone when he tried to contact her. Now what can i do, i want to go home.

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 6 Replies

Sankaranarayanan (Advocate)     18 April 2021

Your query is lengthy one and better to put shorten format will be appreciated 

Akash Singh   18 April 2021

Sir i have listed every series of event that occured, please bear with me. And help me out

Rahul Mehalwal   18 April 2021

Ok. Firstly, since you have a rent agreement signed between you and the landlord for a period of 11 months, you are entitled to its possession and that includes locking it and keeping the keys with you. However, being a landlord she can request to inspect at a reasonable time so you are expected to allow the landlord to inspect the premises. Now, considering what has transpired, your legal remedy would be to file a suit for recovery of damages (loss caused due to missing the flight + mental agony). The landlord cannot arbitrarily ask you to pay another month's rent in advance as I'm presuming that is not part of the clause in your rent agreement. Also, while the rent agreement is valid your landlord cannot give the possession to anyone else without terminating this agreement first. If you want to go home, I would suggest leave the keys with someone you trust who can open the premises whenever the landlord wants to inspect.

Akash Singh   18 April 2021

Thank you...but the landlord has also mentioned that she wants the key,as she wants to quarantine someone in my flat, which i find very wrong, even though i will not be here, doesn't mean she can open the flat and let anybody reside in my flat.

Satyam Mishra   20 April 2021

if the same is not mentioned in the rent agreement, then she has no right to ask 2 month's rent nd maintenance in advance.
talk to society management regarding making an exemption for you. If nothing else works out then go legal


Akash Singh   20 April 2021

Update - she has also texted my father regarding handing over the keys, while i am gone I don't want to give my keys to her....but she had forced me to gove her the keys and she also texted my father that  whether i give the keys or not, she can break the lock whenever she wants as she is the owner,she says so. 

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