• Landlord not returning lease amount

We took a lease agreement for 2 years and have vacated the house well before the end of the agreement. The agreement got completed in September 2017. Now almost 3 months the landlord is not returning the amount. He says that he can only pay if another tenant comes. I tried to send notice, but it was returned back twice. The landlord has changed his address and I do not know his new address. I tried asking the neighbours, but none of them know the correct address. He is not answering any of my calls. When i called him by another number he said he doesn't care and told me I cannot do anything as he received no notice from me. Please help.
Asked 8 years ago in Property Law
Religion: Hindu

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20 Answers

Try finding you his address and serve him with a legal notice.

If you are unable to do so, send him legal notice by wassap and email.

File a summary suit for recovery of your dues under order 37 CPC.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

File a case against him in the police for criminal breach of trust, cheating and criminal intimidation

The police will track his whereabouts by his phone number

Also you can file a civil suit for recovery of the lease amount

But I will prefer that you file a case with the police first.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

first register a police complaint stating that the landlord has cheated on you by having your money and not returning back .

if he is in the same town automatically the landlord address will be known after the investigation. after knowing the address send him a legal notice :) thanks )

Shiva Bharathy
Advocate, Chennai
102 Answers
1 Consultation

1) file summary suit against landlord to recover your security deposit

2) also file Police complaint against landlord for cheating, criminal breach of trust under section 406 , 420 of IPC

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

The landlord is bound to return the security deposit either immediately or within reasonable time of vacating the property.

Since in this case the landlord is refusing to refund the same you can lodge complaint with the police for criminal breach of trust.

You can file civil suit for recovery of money which takes time.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Firstly, try to give him a notice on message or wats app or through mail as now it can be accepted as a valid receiving from his side.

Secondly, file a suit for recovery under summary suit for expedious relief.

Thirdly and lastly, also claim for litigation expense as well as for mental harassment.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

This act of landlord is illegal and according to the terms of contract, he is bound to return rent of remaining months. According to order 5 of the code of civil procedure if notice is returned back it is deemed to be served. Technically notice has served upon him and in this condition you have to file recovery suit against him. File a suit before the small causes Court for recovery of remaining rents and Temporary injunction against the landlord. In this scenario the court may pass temporary injunction and prevent the landlord to rent out the said premises to any other tenant.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Hi, you can file as civil suit for recovery and can obtain a ex-parte order .. also take the help of local police

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Only option is lodge a complaint to the police, without knowledge of proper address no case would lie.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

1. The ideal step before leaving the premises is to stop paying the monthly rent and get the same adjusted with the advance amount paid to the land lord.

2. You should now lodge a police complaint against the said land lord for cheating you and if police does not tgake any action then file an application under section 156(3) of Cr.P.C. praying for a direction upon the police to investigate and act duly registering a FIR based on your said complaint.

3. Being pressured legally as stated above, he is expected to return you the advance amount you had paid to the land lord.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The only way to recovery money from him is to make a police complaint u/s 420,422,405,172 of IPC.

2. Let the police trace him through mobile signals and make an investigation.

If police refuse your complaint then get back to me to approach court to get the order to file FIR.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

file suit for recovery of money based on the facts mentioned by you herein.

the last known address is enough to file case for recovery.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Dear Client,

By what note, notice returned. Well, notice sent by registered AD, to last known address amounts to valid compliance of notice.

Law very clear in this.

File suit for recovery,

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1) owner is not justified in seeking refusal to return the security deposit amount till he finds another tenant

2) you are entitled to return of your money with interest as per your agreement

3) take legal proceedings as advised herein above

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You should file a money recovery suit against the landlord for recovering the lease advance amount from him.

He may not have responded to your notice, but he cannot avoid court summons, if he is set exparte, then you can execute the decree as per law for recovery.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Sending the notivce by ewhatsdapp will not be very effective.

You should send a legal demand notice either by yourself or through a lawyer.

If this lawyer demands exorbitant amount, you may choose another lawyer

There is no dearth for good lawyers

If the landlord refuses to accept the legal notice at his home address, you may send a copy to his school address too.

After that you may file a recovery suit and send summons through court,. if he is set exparte then you can easily recover the same through his salary attachment

It is incorrect that you hold the key and claim to have vacated the premises, it is as good as you are still continuing the tenancy.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

1. How much is the amount which the land lord shall have to pay you?

2. May be that the balance amount does not justify your filing a civil suit against him since the legal expenses might over weigh the outstanding amount.

3. That is the reason, you were advised to lodge a police complaint bringing criminal charge against him like cheating and in that case, the case will be fought by and between the land lord and the State.

4. Never mention anywhere that you have not returned the keys of the house since in that case it will be established that you are still retaining the house for which you are supposed to pay the rent/lease fees.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

It is his headache not yours, you are justified at your end.

And yes it would take sometime but not one year as he has accepted the fact of disputed amount, and it would not cost you more than 20K.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

He is not justified in saying so.

Send him a legal notice through an Advocate and also report the same to the police.

The police might call him and ask him to return the amount.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Notice through whats app with blue ticks considered positive by delhi high court in some case. can contact for ruling.

Notice complied.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

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