Mar
17
Should I handover the house keys to the landlord, when he has not paid back my lease amount? Legal advice reqd?
By
I went into a residential lease agreement for 2 years. I vacated the house after a year, giving 2 months notice to the landlord as per agreement. Its been more than 4 months now and he is yet to pay back my lease amount, but demanding for the house keys. Am I obliged to give the house keys before he had settled the amount?
Am staying in India, so kindly I need legal advice according to Indian Law.
I was staying in Bangalore and got settled in Chennai, now.
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8 Comments
March 20th, 2009 at 3:59 am
Why does he owe you any money if you broke the lease -
Give him the keys.
March 22nd, 2009 at 10:40 am
first take your money and then give the keys
March 25th, 2009 at 4:31 pm
Legally…until you hand over the keys, you are still in possession of the house. If landlord wanted…he can charge you rent for the last four months..
The way it works is…you surrender the keys and then the landlord returns the deposit with in 30 days..or whatever your states laws are.
March 26th, 2009 at 9:23 pm
Yes, you have to give the keys back! And the landlord doesn’t owe you any money. You signed a 2 year lease, and you didn’t stay for the whole thing, therefore you forfeited the rest of your money. 2 months notice only means that you gave him notice that you would move out, but that does not entitle you to the money you paid. You broke a 2 year contract. I would give the keys back before he decides to file a lawsuit against you. In fact, he can sue you for the money that it costs to install new locks since you refuse to give the keys back!
March 30th, 2009 at 5:09 am
You are HIS client, not vis versa. Explain to him/her you are not here to play games and that everything needs to be settled before handing the keys over. Be more aggressive, your landlord has already had you waiting, make him wait too if he wants the house keys first.
March 31st, 2009 at 6:39 am
Folks, 2 years lease doesn’t mean that you have to stay for complete 2 years, as i understand you had a clause in yr lease agreement that by 2 months notice you can empty the house and also the other way the landlord can tell you to vacate with 2 months notice.
My suggestion talk to him/her clearly what he/she intends to do, maybe you can give the keys which in turn allow the landlord to rent the place to somebody else and get the Deposit which can be actually paid to you! But this has the catch if you give back the keys you don’t have anything with you! so try to understand the real situation as to what your landlord really intends to do.
Read between the lines to understand his intentions.
Hope this helps.
Final things hire some goons and get yr work done,(But take care that it doesn’t become like “Khosla ka ghosla” - the movie ) btw, which city is that.?
April 1st, 2009 at 2:32 am
The lease is not deemed to have terminated until you have returned the keys. Thats the law. The handing over of the key to you signifies the start of the lease and handing back signifies the end of the lease. You get your bond money back AFTER the landlord inspects the property for damages etc and the landlord is obliged to do that immediately after he gets the key. Hope this helps.
April 3rd, 2009 at 8:05 pm
give the keys and obtain cheque or cash simultaneously.
if he need time you can get a post dated cheque and handover the key. then only he can raise money from subsequent lessee and pay you back.