• Landlord not returning deposit

I took an flat on rent last year in Bangalore and the rental agreement was made on 9th May 2014 for a period 11 months.

In Feb 2015 itself I informed my landlord that I will be vacating the house by end of April 2015 and also the rental agreement expired by April 2015.There was condition in the rental agreement that both parties should provide 3 months of notice period before vacating the house so in order to comply with that condition I informed them in Feb 2015.

Two weeks back I reminded him about that and he assured me to return me the money.

But now my landlord is refusing to return my advance amount saying that I should have vacated the house before the rental agreement expiry and the reason he is giving that he doesn't have the money now. There was a condition in the agreement where If I vacate house before 11 months then he has the liberty to deduct 3 months rent from my advance so to avoid that I stayed till that mentioned period. Now he forcing me to renew the agreement or else to stay back till he gets another tenant.I am not keen to renew as there is no honesty and transparency and also I don't want to stay without a valid rental agreement

So what options do I really have? 

Regards,
Zach
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Other
Hello,
1) Send a written notice to him demanding the return of the deposit amount . State in the notice that you are compelled to overstay as the advance deposit is not returned. Send it via registered post/speed post.

2) Thou also have the option to make a complaint to the local police about his not returning your deposit.

3) If the above do not yield result you will need to get a legal notice issued to the landlord/house owner.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. It is common problem between the landlord and the tenant.
2. Since you are quitting the flat before the 11 months then you are stipulated to forgo 3 months of rent.
3. if you are not willing then enjoy the property till the security deposit gets adjusted with arrears rent.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1) issue notice to your landlord that since your rental agreement is expiring on  X date in April you are vacating the house and ask for simultaneous refund of your security deposit 

2) if landlord refuses to return security deposit   then you can file summary suit against landlord for refund of your SD 

3) dont renew the agreement 

4)  in the alternative inform landlord you will continue to stay without payment of any rentals   till you are able to recover the SD and that rentals should be adjusted against SD  due and payable by the landlord 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. Did you inform your landlord in Feb 2015 orally or through a written note. In case you did not inform your landlord through writing in Feb 2015 about your vacating the Flat in 3 months' time, atleast inform the landlord in a written form now, so that you will have some evidence for having informed him in advance.
2.,Since the rental agreement is not a registered one, you can not approach the court to seek legal remedy.
3. Try to get a tenant, on behalf of the landlord, for the Flat as soon as possible, so that you can vacate the house after getting your advance amount.
4. Since you are not keen to renew the rental agreement for a longer period,  both of you can extend the rental agreement for a few months only till the landlord gets a new tenant and the same may be endorsed in writing on the old rental agreement.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. You have in essence complied with the condition of giving an advance notice of 2 months. However, to be on a safer side the notice should always be a lawyer's notice in writing as it then leaves no scope for the opposite side to say that the tenant did not comply with the terms of the agreement. 

2. The landlord is legally obligated to return the security deposit., The reasons given by him are absurd.

3. Issue a lawyer's notice to him for returning your security deposit, failing which you may go to court and seek the amount with interest. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. The land lord is acting illegally,

2. File a police complaint or a criminal case for his act of cheating,

3. You can also file a recovery suit with intwerest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Legally you have good options and a very good case for specific performance but considering my own student days in Bangalore I am well aware of the impracticality to file for a suit that may last an arbitrary amount of future to recover a deposits amount. 

You may however try registering a dispute with the LOK adalat and there you may represent yourself without any lawyer. A LOK ADALAT notice might just prompt your landlord to consider paying back or else atleast reach a settlement in the LOK Adalat.

Also keep a General Diary handy with the Local Police Station. It might strengthen your case in the LOK Adalat. 
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
The Landlord is bound to return the security deposit on the exiry of the agreement. There is no need to renew the contract. send him a legal notice regarding the refund of the security deposit. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. The three months notice period is necessary if you want to vacate the premises before completion of 11 months,

2. As such the tenancy agreement is valid for 11 months only,

3. I hope that you have issued valid notice stating when you are vacating the place afer receiving the advance paid to him,

4. If he refuses to refund you the advance amount you had paid him, then continue to stay there to adjust the said advance amount,

5. No body can vacate you without due process of law even if he gets a new tenant,

6. If he tries to apply force, lodge a police complaint against  him.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1) vacate the premises and issue notice for refund of security deposit .

2) file summary suit for recovery 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. The notice period is valid only during the existence of the rental agreement whereas your rental agreement has expired. 

2. Further stay in the property without the renewal of the agreement will be illegal. It will be unwise for you to stay in the property to adjust your deposit amount against the monthly rental as he can file a case for damages against you for refusing to vacate even after the expiry of the agreement. 

3. Rental agreement may have expired but this does not give him any right to refuse to return the deposit amount. Issue a lawyer's notice to him to recover the amount. Police has no role in this.

4. Act wisely.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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