Tenant came out on bail and wants to vacate the premises
My tenant (both mother & son) had gone to jail (due to issues in their family) and now came out on bail.
In the month of August 2011 i had given notice for vacating the premises (as per their request 3 months notice was given which is as against the notice period mentioned on the agreement - 30 days) and now they want to vacate the house (before 30th Nov 2011 - date mentioned on the notice). I need clarification on the following:-
i) I have been getting phone calles from police authority and daughter-in-law of my tenant (complaint given against her mother-in-law and son) asking me to pay the security deposit to my tenant’s daughther in law. Should I need to pay the security deposit to dauther-in-law instead of her husband (whose name is mentioned on the agreement)?
(or)
ii) Can I refund the security deposit to the tenant (came out of jail on bail) once they vacate the premises? (or) i need to refund the security deposit in the police station?
Please advise ASAP.
Thanks,
Ram
1 Reply
Only if a proper court order exists to support the claim, and directing you(the landlord) to deposit the same(deposit) in court, should a payment made to court(not directly to any person). Ct order should be in your name explicitly. In absence of a court order it is the safest option to pay to the tenant, and end the contract asap.
In no other case should payment be made to anyone other than the tenant who had signed and in whose name the leave and license agreement has been made. And preserve the agreement and your receipt of refund properly for the next 5 years atleast. (3rd yr law student)