Hi, We Had a agreement for 5 years Which is going to finished on 18.02.2018 but he did not pay the rent so we asked to vacate. He agreed to vacate the office. We had to pay his 2,25,000/- security deposit but the problem his here we asked the tenant owner to be present when vacating the office and collecting the money , but they are saying give the amount to my brother i said please provide me a written statement to proceed with the above procedure but they are denying this and arguing and not giving with the written statement. Please give a advice to proceed
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1.Do not pay the money to anyone except hmk.You can if he gives you written instruction for this p0r you pay though cheque.
2.When he leaves do get a written receipt of delivery of possession from him.
3.This tenant is not trustworthy. DO not go for anything without written proof though you can first take the possession in writing and then give the money.
1) you ask tennat to execute POA in favour of brother authorising him to collect the security deposit from you on vacating the premises
2) send legal notice to tenant to kindly visit your premises to collect the SD
3) if it is not possible ask him to depute representaive with an authority letter to colelct SD and to hand over4 vacant possession of premises
Hello,
get a cheue or a draft on his name and pay back the security amount. Paying it to a third party without his consent might put you in some problem in future, or also you can get his account number and deposite the sad amount into his account directly.
Regards
Hi
1.Return the deposit in cheque, pay in cheque.
2. Get the signature f the brother who receives the cheque in acknowledgment
3. .make pay order or DD in the tenant name, if the cheque is not acceptable.
4. returning the deposit in cash can be denied later and it will not have any documentary proof.
If you have already issued notice for vacating the premises, then at a tentative date, you calculate the arrears of rent, deduct the same and inform the tenant the deposit amount after deduction towards the arrears of rent as on the date...... the balance is lying with you which may be collected from you after delivering vacant possession of the rented premises.
Until they dont give in writing authorizing someone to receive payment on their behalf, you do not rush up to hand over the same which is not proper and legal.
