Dear Sir/Madam,

I rented my Office to one Software Co. in Mumbai. I have registered agreement along police verification. Agreement was made 36 months block-in period. It is clearly written that either of the parties cannot terminate agreement before end of agreement date and there is no notice period clause. Now after completing 14 months tenant has given written notice that he will be leaving the property on 30 Nov. 2012 and requested to return back deposit.

In the agreement it is written that deposit will be returned back after deducting all compensations and collateral damages. So, my claim towards security deposit is that since tenant is under breach of contract as he is terminating agreement before ending fixed term, there is cost associates with breach of agreement i.e office will be vacant for some period, I will need to pay brokerage for getting new tenant etc.

Now tenant is saying I will only hand-over you the key when he gets his back deposit amount. He has not even paid last two months’ rent which he asking to deduct from deposit.

So, I feel some kind of blackmail as legally he has no right to keep of key of my office as he is no more paying rent, has given written notice of leaving.

Kindly advise in this situation what is the best action that can be taken which will enable earliest possession of my office without compromising on security deposit.