1)you have to give notice period of 2 months

2) if you fail to do so landlord would recover rentals for period of shortfall in notice period

3) you would be entitled to only balance of security deposit

litigation is long drawn and expensive proposition

) your legal fees for filing suit would be more than amount sought to be recovered

1) If in agreement you both have accepted 2 months notice period than wait for it.

2) Does he had denied you to return deposit amount.

3) You may ask.him in politely and take your 60,000 ASAP.

4) If you will go for legally fighting in tbe court for 60,000/-. You may have to pay legal paper and lawyer fees minimum 15 -20 thousands and the procedure further and will not cone to know when the case will stand. As your amount is less tell him you want to pay deposit in next landlord.

Hi,

The lease is governed by its deed and if there is a clause that major repair and maintenance is to be done by the land lord he should be made responsible for.

You need to file a suit for breach of lease conditions, compensation, legal charges and recovery for the security amount in the civil court.

Yes you can. Earlier notices regarding the issue are fair enough to show that he had failed to act. In case, if he failed to refund the entire advance amount you can approach the civil court to recover the money.

See you can recovery amount from land lord in view of the condition above you can file a suit.of recovery that the house was not maintained by landlord that is the reason you have to move out on short notice. The breach was side from the land lord and you have reasonable cause to recover from security deposit .

Instead you can ask the balance amount from the land lord can settle amicable as the litigation is long drawn you will waste more time energy and money then amount you have to recover so settle with land lord ask him balance amount.

You can do the following:

1. You can issue him a legal notice requesting your security deposit back;

2. You can also include in the notice that the landlord should repair the apartment as he is legally liable to do so;

3. If he still does not reply to the notice approach the court and file a suit for recovery.

Dear Client,

U can seek recovery through court.

Violation of rent agreement if owner fails to maintain the house not suitable for living.

If you have served vacation notice quoting uninhabitable living condition as a reason for vacating the rented premises, you should stick to it and claim refund in full except with a deduction for some minor expenses like white washing or minor repairs (if any).

If he is still reluctant, then you can drag him to civil court with a suit for recovery of security deposit held by him

sorry I sent a notice for 23 days.

Whatever it is, you should have insisted the reasons in the vacation notice that the place is unfit for living or habitation for the reason therein.

This would enable you to claim full refund through court by producing the documentary evidences for the said defect

Now, you can straight away go to the civil court for the breach of the contract as I believe that there must be a ground for humanitarian condition.

As you have mentioned those to them several times, you have acted upon in a very right way.

No need to worry, you may also get the litigation expenses.

Rest you can have your agreement copy to be scrutinise by me for going through it carefully, if want to through Kanoon.

Hello,

Send a legal notice to your landlord for the same

Also you may approach the local police station and see if they can help you in this matter.

regards

1) you cannot take the furniture from the tenanted premises

2) landlord would file police complaint against you if you remove his furniture

3) issue him legal notice for return of security deposit

This would be illegal and land lord can file a police complaint on you for taking furniture.

This would create further mess for you.

The correct procedure way would be issue legal notice if not playing file a suit in the civil court for recovery.

The Logic is not law.

You cannot take law into your hands.

For recovery of your advance amount held in his possession you have to follow due process of law only and not the idea what fallen into your mind about this.

Dont get into more trouble by following some illegal procedures.

Don`t even think about it, case of theft .

Take only only that thing not included in item list.

Dear Sir,

Yours is bonafide reason which cannot be denied by any common many. The demand of the land lord is excessive. But my suggestion never take home the furniture’s of the land lord to your home which attracts offence of theft. The police may register such FIRs becuase they are crooked and always support the crooked persons like your land lore. You may get notice and approach the civil court if necessary.

=========================================================================================

THE MORE INFORMATION ON THIS ISSUE IS AS FOLLOWS

=========================================================================================

Bitter PIL for landlords, a boon for poor tenants

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.

Dove Drive Without Borders Foundation

S2, 2nd Floor, Olive Garden No.74, Benson Cross Road,

Benson Town Bangalore Bangalore KA 560046 IN
+++++++++++++++++++++++++++++++++++++++++++++++

1) You can ask for return of the advance money if you is not ready make phone call that I will adjust is against furniture. and Record the phone call,