Break the lock and enter your premises. Before that lodge a complaint against the tenant in the police station. If he doesn't respond then enter the house.
Tenant not handing over keys
Hi My agreement with tenant has completed. He has moved out and was to.hand.over keys. Agreement was after he moved out, I will assess damages and return his deposit after accounting for any deductions. This was agreed by him over email. However on the date of move out, he refused to hand over keys until I transferred back his full deposit then and there. I offered to pay back 30% of deposit in exchange of keys and balance would be returned after assessing deduction. He refused and walked away locking the house. I wanted to understand as an owner what is the next appropriate step to take
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
Thanks. I dont live in India so logging a police complaint wont be feasible. Can I send him an email asking for keys again and if he doesnt respond then get a vendor to go and break the lock. Also for all this harassment and additional expenses that I have to incur due to him not discharging his duties as a tenant, what do I do with his deposit.
Asked 4 years ago
Yeah you can do that.
Better still send him a legal notice.
Issue legal notice to hand over keys to your flat
2) refund his security deposit after assessing deductions
You are bound to refund his security deposit
you can send email to return your keys
dont break the locks
1. please do not take the law in your hands by attempting to break open the lock
2. since the tenant has not handed over the keys, it means he is still in possession of the premises beyond the expiry period. Thus he is in illegal possession of the premises
3. now check your agreement for any clause which sets out the consequences against the tenant for overstaying in the premises
4. if there is any provision for levying damages for overstaying then you inform the tenant over email that since has not handed the possession, he is in illegal possession and hence damages will be adjusted against his security deposit and only balance will be refunded as per the agreement. This should bring him in line
You can send him formal letter to return the keys along with the damage accrued in flat as per the L&L agreement.
if pinpoint all you clause written in the rent agreement so that will be great and ask you relative to take the keys from him.
The tenant is liable to pay the rent till such time he is not handing over the keys and delivering vacant possession.
You can inform the tenant about this and demand rent for the period also, by which the client will rush to your rescue.
You can deduct the rental amount from the deposit held by you.
You cannot break open the lock.
It would be a criminal offence.
You may have to manage to evict him by applying some pressure on him.
sir i dont know what you can do in singapore but you can certainly have the option of continuing with the rent agreement as if he has not vacated then he must be liable to pay you for occupation. if you do not want his occupation then you can assess the premises and if there is no damage then you can pay his amount and get your keys or you can tell him that you have checked the premises and you can return his amount, if he return your keys, or else it will be considered continuation of tenancy and he will be liable to make payment. alternatively you can go to court for his eviction or payments.
good luck
