Cancellation of Leave & License agreement

Q: I rented a 1BHK flat in Andheri and signed 11 month leave & license agreement 5 days ago. There is a 6 month lock-in and 1 month notice period. Due to some misunderstanding and lack of furnished items in flat and owners mean behaviour, I (the tenant) want to cancel the agreement . However the owner said he will not return the deposit of 50,000 but he will return the cheques of remaining deposit and monthly rent if we sign the cancellation agreement, thereby waiving him of 50,000. Is it legal for the owner to do so ? And if there is any way I can get my money back without legal troubles with owner in future on cancelled or stop cheques in case I don't agree to waiving my deposit left with him ?

Vikrant, Mumbai

30th March 2017

Rentals in Andheri West, Mumbai

leave and license agreement

cancellation of leave & license agreement

owner is not returning security deposit

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Replies (3)

Thanks all for taking time to answer my query. Unfortunately it was time-sensitive at that point for me to decide and based on everything I had to reach a partial refund from the owner on cancellation . It was sad affair but its over. Thanks again for responding

Vikrant, Mumbai

2nd May 2017

Comment

Yes, i am agree with Vinay. If you have a copy of the rent agreement where the deposit is mentioned and you have complied with the conditions of the agreement, then the best option is to issue a Legal Notice to your Landlord. But even then, if the money is not returned, you will have to file a civil suit in the court for recovery of this amount along with interest.

Manilal Patel, Mumbai

25th April 2017

Comment

No, its illegal. Owner has no rights to waive off the deposit. Better, you file a case against the owner in consumer forum. You can also take the advice of a legal expert in this matter.

Vinay Dixit, Mumbai

25th April 2017

Comment

HI Vikrant, If you have any way of proving that you have paid the deposit money you can file a suit for recovery of the money. I’ll suggest you to meet a lawyer in the city for better advice.

anand modak, Pune

25th April 2017