• Landowner is deducting more from security deposit

Hi Sir,
I am from lucknow and i have recently shifted to Bangalore and occupied the flat on 3rd July at Bommannahalli. We had a rental agreement which says that either party can terminate the agreement by giving 60 month notice and tenant shall give 2 months rent as part of notice period. I have informed tenant over phone/whatsapp on 10th September about the personal health problems i am facing in this flat. But in writing i have given to him on email on 25 th September 2017. Now in acknowledgement email he is denying the facts that i have already informed him of us evicting his flat and that notice end period is 10th december,2017 . He is saying that my notice end period date is 25th November 2017. And he is asking me to pay the rent for September & October 2017 as well and also said that he will be deducting rent of November 2017 from Security Deposit as well. My ask is if i am leaving the flat on 15th October 2017 what rent amount i am liable to pay to him without violating the terms of agreement. And also i want to know that if that amount can i not ask him to deduct from Security Deposit ? Please help.
Asked 7 years ago in Civil Law

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15 Answers

Usually they do not deduct from security amount ( as a practice). Therefore you will have to pay him rent for 1 month i.e., the duration for which you had to live in lieu of notice period.

After giving such rent he will be releasing the entire security amount.

Rest you can ask him to deduct the said amount from security, at times landlord agrees for the same.

Regard

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

No one generally proceeds to take legal action for such a small amount as he will end up paying more fees in litigation. Saying that I am not advising you to flout the conditions of agreement.

25th November is the date when your notice period will expire. If you leave any day before it you have to pay rent till 25 november.

You may also vacate the house and forego the security. From my experience I can tell you that In 90% of cases land lord do not initiate legal action.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1)verbal intimation is not sufficient

2) your agreement must be containing a clause that any any notice has to be sent by email or by regd post or speed post AD or courier

3) email intimation is given only on 25th September 2017 and your 2 months period ends on 25th November 2017

4)you have to pay rentals for period of September and October 2017

5)if you leave flat on 15th October 2017 you are liable to pay rentals for notice period as claimed by landlord

6) you can request landlord to deduct rent till November 2017 from your SD

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

you are liable to pay rentals till November 2017

2) call upon landlord to adjust rent from your SD

3)request him to return balance SD on your delivering possession of premises to landlord

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

At most landlord would issue you legal notice to pay rentals

SD is sufficient ti cover 3 months rentals

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

No he can not, but he will not give back the security until and unles you give the rental.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1. You gave him the notice in writing on 25th September. Watsaap conversation is mighty difficult to prove in the court due to the rigours of Indian Evidence Act. So your notice period ends on 25th November.

2. You are free to vacate the flat even tomorrow, but this shall not absolve you from the liability to pay the rent for the notice period.

3. You can ask him to deduct the rent of the notice period from the refundable security deposit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. No, you are bound to pay the rent for the period from 25th September to 25th November.

2. If he does not agree to deduct the rentals from the security deposit then do not pay him the rent and he will deduct the rent from SD himself.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1) you can insist that rentals for last 3 months be deducted from your SD

2) balance SD landlord is bound to refund . if he fails to do so you can sue him to recover the balance SD

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Which kind of health problems you faced in the building? . Is the flat not eligible for anybody to stay? perhaps, any location issues, flat structural issues ... etc., .

If above is the issue, you do not have serve your notice period.according to agreement.

You may approach bomanahalli PS, In case owner do not pay entire advance.

You may discuss with us.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

The two months notice period shall be from the date issuing the notice to vacate the rented premises.

If your first notice was acknowledged by the owner, then that would be deemed the date of notice or computing two months period.

Any demand in excess of this shall be termed as violation or breach of conditions.

Legal action may be initiated for such lapse on either side.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Ok. So if i vacate the house on 15th October i will be required to pay for September and October month rent only right ? And not November month ? Please suggest What if he is not agreeing on adjustment through Security deposit ? Can he take legal action against me

On vacating the premises either on 15th October or at the end of October, you may have to pay the rent for and upto October.

You need not pay the rent for November since your notice period of two months hall end on October 15th or so.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

My security deposit amount was 1,25,000 and my rentals is 27000 on every 3rd of Month. He is adamant that i should pay him the rentals for September & October which i have requested him to deduct from SD. Can he take any legal action against me if i still not pay the rent and ask him to deduct from SD ?

He cannot take any legal action if you dont pay the rent for two months i.e., Sep and Oct,

He can deduct the amount from the security deposit held by him.

No legal action by him shall be maintainable.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

1. If i do not want to pay the rent for Sepetember , October and November (notice period months) due to my financial obligation can i be adamant on asking to deduct the same from my SD without violating any legal obligation.

The advance or security deposit amount with him is again your money, since you have made your intention clear to vacate he rented premise, there is nothing wrong in not paying the rent for the notice period of two months since he is already in possession of your amount for which there is no interest also paid.

There is no question of dilation of any law or condition. .

The owner canot claim any loss over this.

2. If my previous point is valid then will i have the full rights to get back my final SD amount (after deductions) or will my landlord chosse not to give the final SD.

Your landlord cannot deny to refund the SD amount after deductions.

You can drag him to rent control court for this.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

1. If you do not pay the rentals for notice period he will have no option but to deduct it from refundable security deposit.

2. After deducting the rentals for the notice period he will be liable to pay the balance security deposit to you. If he defaults in doing this then you can sue him in the civil court through a suit for recovery of money,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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