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REAL ESTATE & OFFICE SETUP

How to manage a commercial property dispute with your landlord

Commercial property disputes in India — over security deposit refunds, maintenance liability, illegal deductions, or forced early exits — are common and expensive. How you handle them determines whether you recover your money or your relationship, or sometimes neither.

Start with the agreement. Before any dispute escalates, read your leave and license agreement carefully. What does it say about security deposit refund timelines? Maintenance liability? What constitutes a breach? Most disputes arise from ambiguous clauses or from one party acting outside the agreement. If your position is clearly supported by the agreement, your leverage is strong.

Communicate formally in writing from the moment there is a dispute. Every communication with your landlord about the disputed issue should be in writing — email at minimum, registered letter for formal notices. Verbal conversations leave no trail. If you have a phone call, follow it up with an email: 'As we discussed on [date], I confirm our position is...'

Security deposit disputes are the most common. Your security deposit must be refunded within the timeline specified in the agreement (typically 30–60 days after you vacate), subject to legitimate deductions. If the landlord is making deductions, they must be itemised and evidenced. A landlord who simply withholds the deposit without specifying deductions is in breach.

Escalation path: a formal legal notice from a lawyer, sent by registered post, resolves a significant proportion of disputes without litigation. It signals seriousness and creates a paper trail. If the dispute doesn't resolve, you have two options: civil court suit (slow, but possible) or, for amounts below ₹1Cr, the District Consumer Forum if the tenancy has a consumer element.

Prevention is far better. Before signing a lease, negotiate explicit security deposit refund timelines, document the condition of the premises at handover (photos and a written condition report), and ensure the maintenance liability is specified clearly. These prevent 80% of disputes.

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