• Security refund

If am living in flat from 28 june 2018 and told my landlord on 2 july 2018 that i will be leaving your house in this month . I already paid one month advance plus one month security money. But now she is refusing to return the security deposit and saying we do it in last month. Am I eligible to take my security money in last day of july or may be later .
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers


Firstly the agreement between you and Landlord must be seen and according any answer can be given.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

You have to give one month clear notice if you want to vacate the premises

2) your leave and licence agreement would contain clause to that effect

3) on vacating premises you are entitled to refund of your security deposit

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0


1) Since you have occupied the house on 28 June 2018 and intend to vacate it within 4 days, the owner is entitled to claim rent till 28 July 2018.

2) Refund of security deposit at the time of you handing over possession is the NORM in general.

3) But since your tenancy has been only for a month, if there is a tenancy agreement , you should check the terms of tenancy agreement on minimum tenure of tenancy, refund of security deposit there of etc.

4) In absence of tenancy agreement , all tenancies are month on month tenancies and as such you are entitled to collect your security deposit on the date of you handing over possession to the land lady.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

This is my response to you:

1. You can obtain that money when you vacate the premises i.e. on the end of this month;

2. If she does not then send her a legal notice;

3. In a worst case scenario she still does not return the same, then you will have to file a suit for recovery.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The best remedy for you is to remtain the house for next month and cover your security amount as your agreement would be stating the clause of one month notice period.


Get a new tenant for her and take your security amount from the new guy.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

She will not return your security money. It's better to live for another month without paying rent and the security amount will be appropriated.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

You will be only governed by what is written in agreement signed by you before taking possession of the flat.

In case of absence of any specific provision in this regard, you are legally bound to serve a month's notice before vacating the flat. Such notice should be given in written and Due knowledgement should also be taken for the same from the landlord.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Firslty, you need to act as per the agreement if any.

Secondly, in case of me agreement then normally you should ask for the security deposit when you may be leaving the flat.

Thirdly, if they are ready to return then it’s ok otherwise people are there you may refuse to give the same back in Delhi.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Yes , you're eligible.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Concerned,

Handel this in her own way - DO NOT PAY HER ANY MONEY for next two months i.e 1 month advance and 1 month security deposit be adjusted in your staying in this property - once done shift from property .

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Your security deposit is to be refunded to you at the time you are vacating the tenanted premises.

Its payment cannot be referred.

If your landlord is refusing to refund your SD, send a legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, if you have intimated the owner , then she has to refund the amount ..Generally the deposit is given on the day , when you vacate the house

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

It depends on the conditions for rent which you might have signed while taking this premises on rent.

You can issue a legal notice to them if they refuse to return the security deposit and then drag them to consumer court or regular court for relief.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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