Legal Advice

The Battle of a Landlord: Upholding Legal Rights Amid Tenant’s Unjustified Complaint

Question: As the proud proprietor of a magnificent independent house spanning four floors, I had the pleasure of leasing out a part of my abode to a tenant who had deposited a sum of 3,50,000 INR as security. However, my joy was short-lived as the tenant began to pose problems from the very outset. Despite our agreement stating that either party must provide two months' written notice before terminating the lease, the tenant dropped a bombshell on me on the 21st of February, informing me that he would be vacating the property on the 26th of February, providing only six days' notice. Unfortunately, things took a turn for the worse as the tenant filed a police complaint, claiming that he had informed me of his intention to vacate the property on January 1st, and that he was entitled to a full refund of his deposit. This claim was simply not true, as he had never informed me in writing about his plans to vacate the property until the 21st of February. Despite my legal entitlement to two months' notice, the police have suggested that I make a deal with the tenant to avoid further complications. However, I am determined to protect my legal rights as a landlord and ensure that justice is served.

Advise

It is essential to remain calm and composed when dealing with such situations. Ensure that all communication with the tenant is documented, including the agreement and the deposit. It is advisable to consult with a legal expert to understand the legalities involved and the options available to you. As the tenant has violated the agreement by providing insufficient notice, you may have the right to retain the deposit, and it is crucial to present this information clearly to the authorities involved. However, it is essential to approach the situation in a professional manner and explore all possible avenues for resolution. Ultimately, it is crucial to protect your legal rights as a landlord while also ensuring that the tenant’s rights are respected.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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