Security deposit withheld by landlord over damages
My landlord initially had 3 Lakhs as security deposit money, and we rented a fully furnished flat in Bangalore.
The main couch in the house, got a minor burn, due to smoking in the house. This damage is repairable, according to sofa repair services, for approximately 3,000 INR. The owner, however insists that we pay 1.5 Lakh rupee for the sofa, as the repair would mean nothing to them.
He still has 2Lakh rupee of my deposit, while giving me a check for 1 lakh.
How should I go about this, from here ?
Asked in Property Law from Bangalore, Karnataka
do you have any agreement with respect to rent which says about security deposits if yes then give him a legal notice for the refund of the deposit ,and stay there till you recover your amount
Advocate, New Delhi
issue legal notice for refund of balance amount . enclose copy of quotation received from furniture repair show room that damage to sofa can be repaired at cost of Rs 3,000 . if land lord refuses to pay file summary suit for recovery of your security deposit . vacate the premises as other wise under contract landlord will claim penal rent .
Issue Legal notice and then negotiate with the landlord.
If he doesn't agree for reasonable solution, file recovery suit and contest the case on merit.
(No landlord want to get involved with the litigation over property. I guess it can be settled mutually.)
Hi, issue legal notice for recovery of deposit money, if he not paid then you have to file suit for recovery money.
To charge 1.5 lakh when the sofa can be repaired for a paltry 3000 is atrocious to say the least. Issue a lawyer's notice for return of balance deposit. If he does not accede to your demand then file a law suit for recovery of money on the basis of quotation received from the sofa repair showroom.
Hi. Thanks for all of your answers. Currently, they're trying to neglect our calls or give us in writing, the list of damages. Also, the landlord said somethings like "pick up the sofa within the week, or we'll donate it to some organization, while still charging you the money". The owner has moved into the apartment now. We've shifted to a new flat. Is there anything else I can do, to be cautious ? Any precautions / advice on how I may save myself from any further trickery ?
Asked 3 years ago
send a letter by Speed post AD to landlord placing on record the telephonic conversation exchanged with landlord . request landlord to refund balance security deposit of Rs 2 lakhs as sofa repair charges are only Rs 3,000 .
it is better to get this letter drafted by a lawyer .
Hi all. Appreciate the help on this. Just one final question: I'm a software professional, and the other party has a retired person (has all the time in the world). Is there a fast track court to settle it ? Because I won't be able to keep up with dates / hearing for a long period of time.
Asked 3 years ago
justice is a time taking activity
Advocate, New Delhi
you need not attend on all dates . you should appoint a lawyer and he will appear on all dates . it may take some years for your suit to be finally disposed of
Once you have tapped the doors of court, it has its own process. But you can engage a lawyer who will take care of all your legal work. Regarding dates, you need not have to personally go to court. It can be checked online.
Once you have filed the case you do not have to attend the court on every hearing. Your personal appearance will be required only on the date of your witness deposition. On all other hearings your lawyer's appearance will suffice.
Your case cannot be treated differently from other cases pending in court. If one case is fast tracked then many other cases get slow tracked. With diligent efforts of your lawyer the hearing can always be expedited to the extent possible.