• Landlord not returning security deposit

What are the legal courses available with me if my Landlord is not returning the Security Deposit after the termination of Leave & License Agreement.
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

File police complaint against landlord for cheating, criminal breach of trust under section 406,420 of IPC 

 

also file civil suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

File money recovery suit along with interest and appropriate amount of compensation for loss injury and mental agony after giving him a notice in this regard.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You have to sue him for not honouring the agreement. 

I'm prepared to be your advocate. So contact [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

Hi,

You are suggested to serve a legal demand notice for returning the amount and if not returned by then also file the case of recovery.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hello, 

 

Send a legal notice for the same. 

if he does not return the same thereafter, you may go ahead and file a summary suit for recovery. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

If receipt acknowledging the returnable deposit is annexed by landlord in the agreement itself, he is bound to return it, you'll have to send a notice demanding the return of deposit to him and in the worst case you also might have to proceed against her through a Suit for such recovery. Kindly clarify and provide more details for a better answer. However, its subject to the contents of the receipt annexed to the agreement.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can approach to your local police station and file complaint under section 420 and 406 otherwise you can approach to the criminal court and file the same in the criminal court you have another option to file money suit to recover your money in the Civil Court is a civil case

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hello Sir,

Please be advised as follows:

Your case is fit and apt for filing a recovery  suit against your Landlord taking into account the factual scenario.

The recovery suit is filed under Order 37 of Civil Procedure Code. The content of the provision are as follows:

Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money (Relevant for your case) or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.

Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.

Under Order 37, there are two stages of getting the Suit decreed. One is at the stage of Rule 2(3) and the other is at the stage of Rule 2(6).

Rule 2(3) states the procedure for appearance of Defendant which is within 10 days from the service of the summons on him. After entering appearance, the Plaintiff serves on the Defendant summons for judgment within ten days from the date of service supported by an Affidavit; verifying the cause of action, amount claimed and that in his belief there is no defence to the suit.

Rule 2(6) states that in case the Defendant does not apply for a leave to defend, (a) the Plaintiff shall be entitled to judgment immediately or (b) the Court may direct the Defendant to give such security as it may deem fit. Sub-clause 7 states that in case sufficient cause is shown, the delay in entering an appearance or in applying for leave to defend the Suit may also be excused

Pointers to Note:

1. Be prepared with the lease agreement. 

2. Receipt of all the rent that you must have paid. (if possible)

 

Revert in case of query for consultation.

Thank you for your time and Consideration.

 

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

Firstly, send him a legal notice demanding payment of security deposit back within 15 days. And if the payment is not made within 15 days, then you can file a recovery suit for recovery of the amount of the entire security deposit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file a suit for recovery of money before civil court

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

See you can issue a legal notice for recovery of amount if on notice als he fails you need to file a suit before the court to recover the amount from the landlord. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear client 

You can file recovery suit to recover your security deposit if it is written in the leave and licence agreement and you have proof that he has not returned your money. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Serve a lawyer's notice to him to refund the security deposit.

2. If he still does not return it then a suit for recovery of money will have to be filed in the court,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can issue a legal notice demanding the security deposit with time stipulation after which you can file a money recovery suit.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly discuss the whole facts;

2. Send a legal notice;

3. If it does not work then you will have to approach rent controller authority;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the landlord has not complied with he term of the agreement for returning security deposit.
  2. Even if no agreement  then also the purpose of security deposit comes to an end after the expiry period of lease.
  3. But, in present case, the landlord is bound by the agreement.
  4. You should file a suit for specific performance of the agreement along with the interest plus litigation expenses by the landlord.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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