• House owner is not returning deposit amount

I took a house for rent for 10000 per month with 1 lak rupee Deposit in 15th Nov 2015. And The owner has not given any agreement papers to us and not given his details to us to make an rental agreement between us. But due to some issues with my family I have decided to vacate the house in April 2015. And informed him (Owner) 0n April 17th 2015 that i am vacating the house (Apartment). by paying the rent till May 15th 2015. It means that I didn't paid the rent for the month of April rent and informed him that he can deduct it from the deposit. it means that March-April months 10000/- + April-May's 10000/- + Rs. 10000/- towards Painting and cleaning charges. And asked him to return the deposit amount after deducting this 30000/-. He is not ready to go through this amount and he wanted to deduct 10000/- extra as we vacated earlier. While arguing with him he used bad words for my wife. After that his relation came to us and listened us and told him to return our deposit amount after deducting 30000/-. And he agreed to his relative and asked for us a 10 days time. But right now he is asking 3 months time to return the amount and not ready to write it on papers. As we are not having any agreement what to do now. But Rs. 50000/- of the deposit amount is through bank and monthly rents are given through bank. Remaining 50000/- is through cash. Kindly guide me what to do to get the money from him at the earliest.
Asked 3 years ago in Civil Law from Bangalore, Karnataka
1) you ought to have entered into registered leave and licence agreement before taking premises on rent 

2) since there is no written agreement licensor cannot make additional deductions on account of your vacating premises earlier . 

3) in the event licensor is asking for 3 months time to return security deposit ask him to give post dated cheque for security deposit amount 

4) also ask licensor to give in writing that said cheque is towards refund of security deposit lying with him for taking premises on rent . 

5) if licensor refuses to give in writing dont vacate the premises till entire security deposit id adjusted 
Ajay Sethi
Advocate, Mumbai
44306 Answers
2572 Consultations

5.0 on 5.0

though it is required by the law to made agreement in writing. but you have paid advance and had been paid rent in his bank account then it is a strong evidence to show that there was a tenancy between you. 

tenancy agreement is oral so he can't prove that there is any clause regarding penal deduction from the advance.

give a legal notice for returning of advance money. if refuses then file application before rent controller. you will get advance money without any deduction because there is no clause in this regard.
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

1. It was puerile on your part to pay the deposit unless a copy of the rent agreement was given to you.

2. Is there any lock in period in the rental agreement? Is there any notice period?

3. What is the refund clause? The deposit amount which has been given in cash is unsecured.

4. Without the answer to the above questions it is not possible to give any suggestion as you can operate only within the four corners of the rent agreement.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Hi, First issue a legal notice to the owner and ask him to return the balance amount and if he did not paid the money then you have no option  file a suit before the court for recovery of the amount.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

issue a legal notice to him/her through a lawyer with all the facts and circumstances and demand your money back, if he/she is not ready to pay then file a civil suit before civil court.

Nadeem Qureshi
Advocate, New Delhi
4794 Answers
219 Consultations

4.9 on 5.0

1. You have not made any legal documens while taking he house on rent,

2. You have also paid Rs.50,000/- by cash towards advance for which you have not kept any account,

3. Since you have not executed any legal document, it is difficult for you to ask refund of the entire amount legally since the landlord may simply deny having received the ame,

4.Approach his said relative again in this regard for quick action,

5. Legally you can lodge a police compain against the land lord for cheatig you by no refunding your advance amount.
Krishna Kishore Ganguly
Advocate, Kolkata
18151 Answers
438 Consultations

5.0 on 5.0

1. You should have been little careful and insisted for the rental agreemnt executed.
2.  When you gave Rs.50,000/- to the owner by cash, was there anybody witnessing it and if so the witness may vouch for your payment of Rs.50,000/- to the owner by cash.
3. Even if the owner refuses to give anything in writing, ask him to give a post dated cheque for the amount due to you. By this, you will have some kind of record for the transaction.
4. Have you already vacated the house.  If not,  do not vacate till he refunds your entire money.
5. If you have already vacated the house, you can also send a legal notice for recovery of your amount.
Shashidhar S. Sastry
Advocate, Bangalore
1620 Answers
107 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer