• Owner deducted amount from deposit instead of returning full deposit amount

Hi
I vacated a premise in pune on 28th July 2018 after discussing with owner.
Owner was supposed to deduct 21k last month rent and 1150 last month electricity amount from 60k deposit and return remaining...

I vacated the flat and returned keys to Broker after showing broker that house is neat and clean and nothing is broken. 

Owner visited after me and now says that house had seepage problem and it is dirty. 

I told him that in pune it's been raining continously for last 2 months and normal dampness is natural and I cannot control this.

One day when there was Noone in home it rained heavily and 2 rooms had some water which came from blocked balcony drain. After that I got balcony drain clean and it did not overflow even after raining heavily. I informed the owner next day he said OK. This is atleast 2 months before I left.

When he visited he checked his stuff in bed storage and said that his mattresses got destroyed and this is because of me. 

He did not tell us at move in time that he has stored something in bed.. Moreover it's not mentioned in agreement.. Nor it is anywhere written that I have to check his belongings inside bed regularly if they are fine. Even on call he did not ask us that just check the mattresses if they are wet. He himself had forgotten until he visited the house.


I told him t that as a tenant I am not in control of constructional issues like seepage and act of God like heavy rains. 

He did not say anything for 4-5 days after possession and told that I will transfer the money.. I am still checking house and all. After 5 days he said my loss is close to 50 k you transfer me more money. After putting pressure and follow up he gave 18 k and still holding 19 k.

On asking about proper legitimate breakup of 19k he is not answering simply and is not giving any bills as well.

Moreover tenant is not liable to pay for plumbing fixes arising out of faulty construction. He said I got the pipeline changed to fix the seepage issue. 

I have followed up for almost 25 days and still no success.

What do you experts suggest here.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Issue labdlord legal notice to refund your balance security deposit

2) if he refuses file police complaint against him for cheating, criminal breach of trust

3) don’t file any suit ti recover your money as litigation costs would be more than

Money sought to be recovered

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Owner will not return balance on requests

2. You will have to take matter legally

3. Claim expenses incurred by you for repairing choked drain in balcony

4. Claim above amount plus balance deposit with interest

5. Issue a legal notice and mark it police commissioner. Also claim legal notice issuing charges from owner

6. Owner has to simultaneously refund deposit with tenant making handover. He cannot withheld deposit and keep on checking his house for defects at his whims and fancies

7. Owner has become greedy and sticky and trying to take undue advantage

8. Put pressure on him legally so that atleast you can recover your balance or substantial portion of it, if not expenses incurred and interest for late refund

9. Owner is smart because he knows that for a small amount you wont go to court because the expenses will be much more than what you can recover

10. However you need to be firm and assert in legal notice that you will recover from him all legal expenses which you may have to incur in addition to outstanding amount

11. Visit the police station and request the officer to call owner and direct him to refund money and close matter amicably

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Hi,

If you have valid proofs and if you can show in Court that the damage is normal wear and tear, you may get full refund of refundable deposit you kept with the landlord. Moreover, the leave and license agreement has to be registered. The agreement has to be perused first as the terms and conditions would play a vital role. After perusimg the same, you may decide to send a legal notice or filing of civil suit in Court.

Hope this helps.

Regards,

Prafulla Paranjape
Advocate, Pune
27 Answers
6 Consultations

4.9 on 5.0

when the landlord refuses to return the security deposit amount. It is always advised to enter into a rent agreement with the landlord, before entering into the property,

They keep the money in the name of damages caused to the property during the tenancy,

Consider the Rent Agreement- Check if, there is no violation of any condition from your side.

Send a Legal Notice through a Lawyer.

You can also move to concerned Consumer Forum.

Last, but not the least ,

you can file a suit for recovery in the concerned Civil Court having the Jurisdiction of the matter.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) Do you have rent agreement registered with registrar and mentioned all clauses in the agreement.

2) If your all points are as per the agreement then owner has to return whole deposit amount back to you.

3) Need to review leave and license agreement and all dates joining and leaving or vacating rooms etc. Like money transfer from and to.

So we can come to have exact decision on your case.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Go to rent control court and file complaint about it. As the landlord is bound to give in written the amount deducted and the purpose for which it was deducted.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

No doubt this is a small amount for which it would be a waste of time, money and energy if you follow it through court of law for recovery.

However you can very well issue a legal demand notice demanding the money due to you, let him give a reply after which you can initiate proper legal action, if necessary

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

If the owner is very arrogant on that point, then you may initiate legal steps for recovery of your amount held by him.

You may deny all his allegations mentioned in his notice and demand your balance amount to be paid within a time stipulated in your demand notice or else you will be compelled to approach court with a suit for recovery of the same.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Your landlord is crook and dies not want to return your money

2) since amount invested is only 19k litigation costs woukd be more than money sought to be recovered

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

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