1) you can issue landlord legal notice to return your security deposit of Rs 10000 .
2) rely upon message sent by landlord wherein he agreed to pay you Rs 10000 once you pay the electricity bill
3) contact a local lawyer for issue of legal notice
My landlord has withheld security deposit
I had a rental lease agreement with my landlord in Kolkata wherein it was mentioned that the rent for a month has to be paid by the 5th of that month. Which means, the rent of January has to be paid in January, the rent of February has to be paid in February and so on and so forth. When signing the lease agreement, I had paid two month advance deposit of 17000 to him and the first month rent as cash. From subsequent months, I have paid the rent over netbanking and all transaction details are with me in my bank account. I left the property on August 30, 2017 and I had paid the rent of August on August 5th. The landlord had to pay me 17,000. He paid me 7000 and said over whatsapp that he will pay me 10,000 after I clear the electrcity bill. I had to leave for Chennai on 30th for joining a new job so I paid the electricity bill in cash and went to the landlord to get rest of the money. He then said that I am not entitled to get the 10,000 Rupees since the rent of every month was paid on next month and hence the last month rent is deducted from the advance deposit. This is completely false but I have no way to prove it since I do not have receipt of the first month's rent with me. I thought since it is mentioned in the lease agreement that every month's rent is to be paid in advance, it wont be an issue, I do have the whatsapp conversation with me wherein the landlord has clearly said that he would pay me 10,000 after I clear electricity bill. I went to the police station and the officer there suggested me to get in touch with an advocate to resolve this issue since this is a civilian case wherein the police cannot do anything. I have since left Kolkata and now in Chennai but I need to get to the bottom of this and recover my pending amount from the landlord (and teach him a lesson as well). If anyone can help me with this case, please contact me.
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
1. This landlord is a cheat and hence do not leave him alone.
2.SInce civil suit for recovery of money would not be cost effective in this case, lodge a complaint with local police for cheating.
3.once the police would start a case of cheating he will learn his lesson and would repay your money soon.
1. The rent for every month was to be paid by the 5th of that month. It is your statement that you vacated the property on 30th August and paid the rent of August on 5th August. Consequently no liability subsists on you. One has to go strictly by the clauses in the rent agreement/lease deed and not verbal statements.
2. Police has no authority of law to intervene in this. You must serve a lawyer's notice to the landlord to ask him to refund SD, and if he does not do so, then file a civil suit for recovery of money with compensation.
- Send him a legal notice calling upon to forthwith release the uncleared security deposit of Rs. 10K.
- Threaten him with dire consequences under civil and criminal law in case of his failure to release your legitimate dues.
- In case he still does not pays, try instituting an FIR against him and also file a summary suit for recover of 10k together with damages under order 37 CPC.
If you want any expert lawyer's assistance or help you should contact one from this forum or outside.
In my opinion the exercise would be a futile effort and it may not fetch you fruitful result sitting at Chennai, while the landlord will be relaxing with the amount due to you.
You can try and settle the dispute by sending a legal notice, because initiating a suit for recovery will be time taking. Also even if you want to file a suit you will have to send him a legal notice. You can call me at if you want to send a legal notice.
Regards
