• Landowner not returning deposit

I took a rent of a furnished flat in may 2017 with agreed rent of 35 K per month and a deposit of 1.25 lakhs. Post 11 months we renued the same with agreed rental of 40 K per month. During the stay i noticed that the furniture which were all provided was of inferior quality and have no decipherable value left over. Further, my electricity bills were coming to abnormally higher side to extend of 16 K per month. I approached my landlord but he never paid importance and then i filed complaint to electricity company and immediately next month the bill came down. My suspect there was certain malified understanding between some guy and the landlord taking place. I gave him one month notice and vacated. Once I vacated the flat i gave all his material as per best provided by him and handed the key on 24th of the month. Now, he has deducted the entire month deposit and also 22 K for painting charges (where my approval was not taken), apart from the same he never adjusted the higher bills paid from my side. Now he is also refusing the same to be talked and discussed. What is the best possible remedy of the case matter.
Asked 4 years ago in Civil Law

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10 Answers

The option is to issue a Legal Notice of demand to your Landlord and sometimes this works. But even then, if the money is not returned, you will have to file a civil suit in the court for recovery of this amount alongwith interest.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir first of all give the notice to land lord for refund of security deposit without any deductions as of one month rent and painting charge as it was not agreed in the agreement (if).

Further on notice if he fails to return the security deposit file a complaint with rent controller in jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Is there any clause in your leave and licence agreement for levy of painting charges ? Kindly clarify

2) if he has wrongly deducted deposit charges issue legal notice to landlord to refund excess deductions made with interest

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Just send him a legal notice in this regard for refund of the deposit along with amount is paid for the legal notice

After the specific period mentioned in the notice if he has not refunded your money you can file a money suit against him and at the same time you can file a dispute complaint in the consumer forum as well for shortage in service and not refunding the security deposit you can claim the compensation legal charges and original amount

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. What is agreed in rental agreement for the case when you vacate the premises before completion of tenure? Check that

2. For the painting - again check the agreement, whether you have agreed for this specifically. If not then tell landlord that you will obtain your own independent estimate for the paint job

3. You should have demanded refund of deposit simultaneously with handover of possession

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

1. Serve a lawyer's notice to the landlord the return the security deposit with legal cost of notice.

2. If landlord still does not return it then the only remedy is to file a suit for recovery of money in the civil court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Please file an application before the Civil Court for recovery of money.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

This is my response to you:

1. Send him a legal notice;

2. Tell him that you should have refunded the whole deposit instead of making deductions;

3. Ask to come forward and settle the matter;

4. Next step is to approach the rent controller under Maha. Rent Control Act;

5. You can also file a complaint to the police station and approach civil court;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi, it is advisable to issue him a legal demand notice ..if he does not comply within 15 days , you can proceed ahead and file a civil suit for recovery against him

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You issue a legal notice venting out your grievances in this regard.

In the same notice you demand return of your genuine amount that are due to you.

In my opinion, if you have vacated the premises and delivered vacant possession on 24th of the month, then you are liable to pay the entire month rent, because the clause is if the stay is more then 15 months, then full month rent has to be paid.

Painting charges @ Rs. 22000/- is bit higher side.

The owner cannot be responsible for the higher bill if it was the mistake of ther electricity department, however if the bills were made by the owner out of a consolidated bill, then you could have asked the compensation at that time itself and not at the time of vacating the premises.

You may consult a local advocate on further issues.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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