• Landlord is refusing to relieve me and give me back my deposit

As per my rental agreement, I am supposed to give 2 months' notice before vacating the flat. I am giving one month's notice + paying the balance one month's rent + painting charges amounting to 15000. Yet, the landlord is going beyond the agreement and is saying that he will continue to deduct every month's rent money from my deposit as long as the next tenant occupies it. He threatens me that he will do it regardless of what is in the legal agreement and that I can't do anything to change his mind.

Deposit - 2,60,000 paid by cheque
Monthly rent - 26000 paid by cash (no receipt)

Can you please advise how to tackle this situation?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

1) landlord cannot deduct rent till he finds another tenant

2)issue legal notice to landlord to refund your security deposit on vacating premises .

3) refuse to vacate premises till SD is returned

4) in alternative file summary suit to recover your SD

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Dear Client,

Just send him a legal notice, mentioning vacation clause and your intention to vacate the rented premises with one month's notice + paying the balance one month's rent + painting charges amounting to 15000.

He refuses/violates the condition, recovery through rent court is permissible.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir kindly serve land lord with notice that you are vacating the premises and he has to refund all the security deposite given in lieu of agreement.

In case he fails file a civil suit in the civil.court for recovery of security deposite along with interest and legal cost incurred to you. As amount is ascertained and there is no dispute you can file a summary suit and that proceed fast and you shall get your amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Send a legal notice right from the date of vacating the premises. Even after you vacate, the agreement shall hold good and you can claim the deposit along with damages.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Sir

This is height of the land lord. This is against the law. But proving this may take some time. Hence we need to have otherwise way out to handle this.

We will help you get back your advance amount.

Feel free for any assistance.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Your landlord cannot go beyond what is agreed in the agreement. If he proceeds with his threats then issue him a legal notice with CC to police for illegally withholding your security deposit.

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

Hi, Landlord can't deduct the amount as per his wills and fancy. First you have to issue legal notice ask him to repay the amount and if he does not pay the amount then you have to file a suit for recovery of money.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

First you give him the notice intimating your decision to vacate the premises invoking the respective clause and enclose a cheque for that one month notice period.

Alternately you can authorise him to deduct the same from the deposit amount.

Let him give a reply in writing for which you can take action as per law accordingly.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

- Security deposit has to be given back to the tenant at the time of vacating the property whether on expiry of agreement or before,

- Landlord can deduct the due amount i,e, balance rent/due electricity bill & cable charges etc & charges for damages of the property if any and then balance amount out of deposit has to be returned to the Tenant.

- But the landlord cannot go beyond the clause mentioned in the agreement.

- If, you want to continue in the premises, or even want to vacate the same , then you should sent him one month rent by the mode of Money order/Draft etc. and further sent him a legal notice after narrating that you have already paid uptodate rent and there was no rent receipt issued by the landlord.

- If, even he persist to take the possession from you , then you should approach the court of your jurisdiction for getting stay order.

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

Firstly, great that you paid by cheque.

Secondly, you please vacate the flat as there can be danger to your life also from such kind of people.

Thirdly, then file a case for breach of contract, and ask for balance deposit plus litigation expenses plus compensation for mental harassment.

He should also be tought the lesson of wrong doing.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

1) You can complaint against him in court agreement under small cause court that landlord is not acting as per agreement.

2) You can give him notice as per agreement and then vacate the flat. I has no rights to deduct the amount from deposit once you are ready to vacate the premises.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

So what is the difference a paying one month rent and one month notice. The only difference is that you are forgetting the shop one month earlier even after payment of the rent in case you are facing any problem for refund please file a money suit in the Civil Court against the landlord along with a criminal case under section 420 and 406 of IPC for non payment of your security amount

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

You need to file the petition for recovery of your deposit amount before the rent controller in the court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

You may vacate the premises straight away irrespective of return of security deposit. Then issue a legal notice and file a suit for recovery. In the meanwhile file a police complaint. You may approach Dove Drive Without Borders Foundation to redress your grievance.

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Petitioners, Dove Drive Without Borders Foundation approached the court contending that tenants in the city have absolutely no bargaining power during negotiations with the landlord for the quantum of money to be paid as security deposit.

Extortion via high deposits demanded as ‘security’ bonds by landlords in Bengalurumust stop, says a group of petitioners — newcomers to the city and good Samaritans— have teamed up to protect the interests of tenants house-hunting in the city. The activists have filed a Public Interest Litigation in the Karnataka High Court addressing the interests of people who do not own homes but must rent housing under one-on-one tenancy agreements with landlords. Such laws already exist in states such asTamil Nadu and Bihar, says Wasim Memon, founder of The Drive without Borders Foundation.

The Foundation, a citizens’ movement that started with the objective of safeguarding the rights of motorists and road users in India and crusaded for a single rate of road tax in all Indian states, is leading the charge.

Waseem Memon said tenants started contacting him on their Facebook page seeking help when faced by Bengaluru’s inequitable rental market. He, a Hyderabadi himself, decided to do something about it.

In the absence of standardised rates for security deposits, it has become customary for landlords to insist upon high security deposits equivalent to 10 months’ rent. For example, a residential property with a monthly rent of `10,000 would command a security deposit of a lakh, while a property with the monthly rent of `30,000 would mean shelling out a proportionate deposit of `3,00,000. This earns the landlord handsome returns through interest earned on the deposits.

The problem is compounded when some homeowners arbitrarily and with impunity get away with deducting amounts of their choosing, posing flippant and vague causes such as ‘damage’ or ‘repainting charges’ as reasons for the deductions.

This unfairly raises the total layout for rent, and results in income loss through the loss of interest for, often, hard-pressed youngsters and recent economic immigrants.

Priyanka Patel, a young professional who started living in a flat in Marathahalli, shelled out `1.5 lakh around two years ago as a security deposit and was faced with no choice but to give away `56,000 to her London-based landlady, though she had agreed to only pay `30,000, ostensibly for “repainting” the property.At one time, the landlady threatened to keep their deposit money if she had any male visitors, even relatives, to the house.

Though the problem extends across all income classes and communities, the unsanctioned practice harms vulnerable groups of, often, young men and women who move to live in Bengaluru to be part of its booming electronics and IT industries, the region’s largest employers.

“Young immigrants and couples in junior positions in jobs who are new to the city are also badly-affected,” says Memon who is leading the group of activists. “They lose lakhs of rupees to landlords each year in the guise of one imagined problem or another. Going to court to establish the nature of the wrongdoing by a landlord is difficult, expensive and time-consuming and not considered a viable option by busy city dwellers. So, in the absence of legal recourse, tenants have little option but to bear the financial burden.”

The practice has become rampant and reached near epidemic proportions, he says: “Keeping this in mind, the Central Government’s draft Model Tenancy Act (first in 2011 and a revised version in 2015) seeks to update the law relating to landlords and tenants across the nation. It is a model law directed for the consideration of state governments. it will provide for a cap on security deposits for tenancy agreements at three months’ rent.”

The statute, if put in place, also seeks a retrospective provision where tenants who have their cash — greater than 3 months’ rent — stuck with landlords may ask for it back, and expect it to be returned within a period of 15 days. The citizens’ group, Drive Without Borders, a Facebook group, has sought a preliminary response from the high court within 21 days of the receipt of the petition.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

If your landlord does so, he has committed breach of the agreement. You can initiate proceeding under rent Control Act, Section 72  of the Indian Contract Act and also under the Specific Relief Act. Your landlord has no right to deduct rent of extra month from the security deposit. As far as your case is concerned you have given a sufficient notice with one month rent and presumed cost of painting. Therefore landlord is bound to return the security deposit without making any deduction.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You don't vacate his premises and stay without paying rent. You send him a legal notice and if he doesn't refund you file a suit for recovery of money.

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

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