• How owner refuse to return the deposit amount

Hi,
I taken house for rent in 2014 June with 11 month of agreements, the house owner increased rent hike of Rs.500 (Monthly Rent is Rs.6200+Water and maintenance is Rs.300) after 16 months of agreement, but as per agreement state that the rent hike would be mutual understand, so i paid rent with arrears in the month of oct'15, i was asked the owner to renew the agreement at the time of arrears payment, he told that, he will renew the agreement and will be handed to me, but he didn't, so i continued to stay there, i was asked to renew the agreement again in Jun'16 with mentioned clear conditions regarding the rent hike because he increased Rs.1000/- from Jun'16, so again i continued because my son school is near by this house due to i could not able to take any decision in mid of the academy year, now i decided to vacate the house, so the same informed the house owner by verbally in Sep'17 that will be vacate the house by before 15th of Nov 2017, so i asked to adjust the amount for rent Sep'17 Rs.10000 (Rs.8500+Arrears Jun 500+Jul 500+Aug 500), Oct'17 Rs8500 + 15 days in Nov'17+Pain charges Rs.8500 (But as per agreement is Rs.6200/-) = Rs.31250/-, now the house owner is telling i wont get refund my advance of Rs.28750/- out of Rs.60000/-, so please can any one suggest me, i already begged with this house owner, he is not ready to refund my advance because im very poor man could not able to argue with them, the main reason for vacating is i could not able to bear this amount with in my salary and also they asked to pay additional advance amount of Rs.40000/- and paint charges if want to continue. please help me to solve my issues.
Asked 7 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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6 Answers

Send a Legal Notice for recovering this amount. If the needful is not done despite the notice, file a summary suit for recovery under order 37 CPC.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1) file police complain of cheating against house owner under section 420 of IPC

2) issue him legal notice to refund your security deposit when you vacate the premises

3) you can file summary suit to recover your SD with interest

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Hello,

You may immediately send a legal notice for recovering your amount and even after that if your deposit amount is not paid you can file a summary suit under order 37 CPC for recovery of your amount alongwith interest.

Also, in order to create pressure you may lodge an FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1.Well,the landlord can not refuse to refund the advance/security deposit unless you have caused damage tothe proeprty.

2.In this case it does not look like so.

3.So his refusal refund the money amounts to criminal breach of trust or cheating.

4.So you can lodge complaint with the police on which basis the FIR can be registered and once that's done you would soon find your money flying back to your pocket.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

hi, it is advisable to settle the matter amicably,as any legal proceedings may inccure extra expenses upon you..if he do not agree file a recovery suit against him to recover your amount alongwith interest...

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

You can give a vacation notice in writing with your terms and advise the house owner to return the advance amount after the rightful deductions.

If the house owner is not cooperating then you may issue a legal notice demanding your advance and also drag him to consumer forum or civil court for recovery of your dues.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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