• Owner not refunding security deposit

Dear Sir
November month we went into an agreement with owner for a 3bhk flat ..he took two months security deposit of 32000 and half month rent for November stating that he will hand over the key by 15th Nov but he didn't stating that some repair work is there and ultimately he handed over the keys on 2nd December we paid him the rent and shifted on 6th December the very next day discovered that there is leaking in the room and the flat is infested with termites ..we called him and he said what can I do.? NOW we want him to return the security deposit so that we can move on to a different flat as out things are unpacked...he us asking us to vacate and saying that he will only give us back our money only if his flat gets rented...we took police help he is even not listening to them..sit what can be done.?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) issue legal notice to owner to terminate the agreement

2) mention that house is infested with termites and house is leaking

3) if owner fails to return security deposit file summary suit to recover your SD with interest

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

if inspite of police complaint owner not returning security deposit you have to file suit in court to recover your money

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. It is a civil dispute and Police has nothing to do with it.

2. If the landlord does to return the money you have to file money suit to recover the money.

3.However to put pressure on him you can file case of criminal breach of trust and cheating u/s 406.420 of IPC.

4. Since cases take time to end it is advisable that you resolve the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

.we called him and he said what can I do.? NOW we want him to return the security deposit so that we can move on to a different flat as out things are unpacked...he us asking us to vacate and saying that he will only give us back our money only if his flat gets rented...we took police help he is even not listening to them..sit what can be done.?

Police cannot interfere in the civil matter.

They can take action only for criminal offence.

This shall not fall within criminal law.

You can issue a legal notice demanding your deposit amount.

Failing to respond, you may initiate civil money recovery suit against him.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Dear Sir..

According to your words...you can challenge this case in consumer court ..that ..those things which is mention on rent agreement ..which is not completed....by your owner....

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. You should have inspected the flat and its every nook and corner before agreeing to take it on rent. Is there a lock in period prescribed in the rent agreement? If there is no lock in period then there must be a notice period. You can vacate the flat only within the realm of the lock in and notice period.

2. Police can do nothing in this as your remedy is entirely civil in nature i,e before the civil court

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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