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MALLIK AMBATI   06 August 2017

Tenant threatens to lock the rented property.

My parents (landlord) who are senior citizens, have rented their house in Bangalore to a couple (tenant), for a lease period of 11 months.

The tenant continued to stay after 11 months, by paying the due rent and wanted to vacate the house after 13 months.

The house was damaged by the tenant during their stay of 13 months.

The tenant didn't pay one month's rent and electricity bill for 3 months.

The landlord got the damages repaired in the presence of tenant.

The cost for repairs + rent for one month + elec bill for 3 months exceeded the advance amount and after the calculation, the tenant has to pay the landlord.

But now the tenant is demanding the full refund of the advance amount, but the landlord refused and said that the tenant has to bear the cost of repairs, unpaid rent and electricity bills.

The tenant complained to the local police.

The police and tenant threatened the landlord that they will lock/seal the house if the advance amount is not returned.

My parents got intimidated by the police and gave away the amount and tenant left the premises.

Does the tenant have the any legal right to lock/seal the landlord's house and move away, under these circumstances??

What are options left out for my parents now, to recover the money from the tenant?

Please advice.


 2 Replies

Siddharth Srivastava (Advocate)     06 August 2017

Firstly non payment of advance has nothing to do with occupation or sealing or lock etc. Generally it is the duty of landlord to keep the property recovered but if any damage is caused by tenant then liability rest upon him to repair the tenanted premises. If the agreement permits then your father can recover the unpaid rent, damages at market rate or as mentioned in agreement with interest for over stayed period beyond 11 months. 

tradesinc (owner)     27 October 2017

under indian legal laws the tenant is fully protected and there is 0 protection for the landlord even a proof of letter received is enought for the tenant to put a police complaint against the landlord !!!! 11 months lease deed never expires if under urban its automatic renewal please put only a 3 month lease deed and make sure you collect the old original lease deed lease only to corporates u can fight a legal battle for many years in courts but with a single page the tenant can setaside any orders that is Indian law i learnt all this the hardest way sitting on court benches for a decade the orders arent still passed i never understand the meaning of ache din the common mans last resort is the indian judiciary which is archais obsolete they never pass orders only read numbers for many cases and set fresh dates this is for all the hapless landlords with kind regards please move with caution when it comes to tenants ...

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