• Landlord not returning my deposit money

Hello sir,
I took a house for rent under Leave & License agreement for 11 months in Apr 2014. After 10 months I decided to vacate the house . So I informed my owner over phone on 28Th Dec that I will be vacating the house on 30th January(so as per agreement informed owner one month back but only through Phone call)

 Now he is saying he will not return the deposit amount till he got a new  tenant /even now not  responding to my phone calls . When I called from different number he picked the call  and saying that as long as I will not get a new tenant , I will not return deposit money(which is 80000)and also even saying that since you have not completed full 11 month and leaving one month before , so I will deduct one month rent which is 15000.  

When I argued on why u r going to deduct one month amount , owner saying that I have not received any written notice from you and  saying that if you will go for a police complain ..I will also tell the police that I haven't received any information regarding u vacating this house. The property agent though whom I took this rented house , also supporting the owner saying that I haven't given notice for this and phone calls will not be a legal proof.

Sir, Please advise what should I do now as I need my money very urgently as I am moving out of mumbai. What should I do now.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1/ Well the conduct of the landlord is purely illegal and beyond purview of his contractual obligations.
2. The landlord is in other words is bound to return the earnest money. if he does not then you have 2 fold actions-
               i. continue to live the premises without rent till the security money is adjusted.
               ii. Leave the premises and file civil suit for money and criminal case for cheating and criminal breach of        trust.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
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Yes, you can lodge police complaint alleging cheating and criminal breach of trust. Do so asap.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Hi, (1) Issue a legal notice ask him to pay the security deposit amount of Rupees 80,000/- plus interest from the date of the demand till realization  and if he did not paid the amount then you have to file a suit for recovery of money.

(2) you must also lodge a police complaint so he may come to the settlement.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi,
 1. your legal option is to send a legal notice demanding the deposit 
  2. If he is not responding positively , file recovery suit , you can get the amount with interest till realization of amount and the compensation for harassment , legal cost and court fee.
3. send the notice and wait for the notice period and file a police complaint along with the copy of the  legal notice.If the police can negotiate a talk without going to court you can get your money.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) the mistake you made was you did not give written notice of your intention to vacate premises before expiry of the agreement . 

2) leave and licence agreement must be containing a clause as to issue of one month notice if you intend to vacate the premises .

3) now continue in possession till expiry of leave and licence agreement . 

4) inform landlord of your intention to vacate on expiry of leave and licence agreement 

5) request licensor to return your security deposit and take vacant possession simultaneously 

6)if he refuses to return SD issue legal notice and file summary suit under order XXXVII of CPC
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
since it is a dispute of civil nature police wont intervene and direct you to move court for recovery of your security deposit
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
Hello,
1) As you need to leave to take up your job and can not possibly serve a legal notice and wait the mandatory period,  you may certainly lodge a police complaint against the house owner for refusing to return the security deposit.

2) At the same  send a legal notice to the house owner demanding the return of the security deposit.

3) Although you gave only a verbal notice, which is difficult to prove, your complaint to the police and the legal notice will form basis of a recovery suit if need be as your contract in the leave and licence agreement does not expire until April. It is but pertinent that if you had no intentions to vacate and had not served notice you would not have now initiated the current steps .
4) If there is no mention of a written notice being mentioned in the leave and licence agreement it can be beneficial to your cause. Do not delay in any case in filing a police complaint against the house owner.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
In the legal sense you are committing wrong. 
As per the agreement you must have to inform the owner before one month notice if you intend to vacate the premises. But you inform him by telephone. 

1.Now this stage, you have to issue a notice to the owner very soon .In this notice you have mention about your phone call regarding the intimation for vacating the room. 
2.And also ask the owner that he has to returned the security deposit amount of Rupees 80,000/- plus interest from the date of the demand till realization with in seven days from the notice received date. 
3.After the notice period, lodge a police complaint against the owner.
4.If he will not paid the amount then you have to file a suit for recovery of money.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. The land lord is acting illegally,

2. You should have given him written notice for vacating his house,

3. At least give the written notice now mentioning your verbal notice given one month earlier and claim the advance amount,

4. You can file a Money Suit against him to recover your advance with interest and cost,

5. If you want to avoid long drawn court case, continue to stay in that house without paying the rent till you adjust the advance amount paid by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. File a police complaint against he land lord for chrating you,

2. Since you did not send written notice for vacating, he may deduct your one months rent legally,

3. Send legal notice to refund you the advance amount paid by you,

4. File a recovery suit against the land lord claiming the advance amount with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You ought to have issued  legal notice to the landlord before vacating the premises.
 Issue a lawyer's notice now to him expressing your intention to vacate and claim the recovery of the advance deposit.

2. If he refuses to refund the deposit then you may file a lawsuit for recovery along with interest against him.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Police has no role to play in a case of this nature where no penal provision has been violated.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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