• Rent deposit return

What are the options if the landlord doesn't want to return the rent deposit, once the house is vacated. Paper trial is in the form of a court rent agreement, bank transfers of rent, WhatsApp messages etc. How much time those options might take and what could be the counter measures from the landlord.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

Landlord has to return security deposit on tenant vacating premises 

 

2) if landlord refuses to return deposit Tenant can sue landlord to recover security deposit with interest 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

Within 2-3 months it can refund your deposit amount if you make complaint to RENT CONTROLLER.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file for specific performance suit for recovery of the same if you have a agreement copy. 

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

Deposit is how much ?

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

See tenant can file a recovery suit to recover the amount from landlord.  

See recover suit can can take time in court to settle a summary suit has to be filed to recover the amount.

See land lord can defend if there is any amount deducted towards and repair or maintenance which was agreed upon by land lord and tenant.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A case should be filed in the rent tribunal against the landlord and adequate compensation should be demanded.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

This is my response to you:

1. You can firstly send a legal notice;

2. If he does not respond then you can approach rent control authority;

3. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you may issue a lawyer's notice and file civil suit of recovery along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

If the landlord is refusing to return the deposit amount amount then send him a legal demand notice and after that you can file a money recover suit before civil court.

Let the landlord answer the court when he receives the summons.

It may take at least two to three years to get disposed.

T Kalaiselvan
Advocate, Vellore
90053 Answers
2499 Consultations

Refund through recovery suit. First send legal notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

See you can approach rent control authority but to recover the amount suit is only way.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Whether private citizen or otherwise since you are affected by this act, you may initiate legal process to recover your deposit amount.

However if the amount is just Rs. 25000 then ther may not be any use in spending more than that to recover this paltry amount, but you can always issue a legal demand notice.

T Kalaiselvan
Advocate, Vellore
90053 Answers
2499 Consultations

1.  The "rent authority/controller"  has no authority in issues mentioned by you.

2.  Approach the Police and your work can be done, due to the pressure.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Issue legal notice to refund your security deposit with interest 

 

if he fails to pay sue the landlord to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

Yes legal notice and suit.  You can claim damages and litigation charges as compensation

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

Consult an advocate with details, if it lawful, he will advice to issue legal notice stupilating time. If, he will not response by return security amount within time bound of notice, the you have to file a recovery suit for security amount with interest as like you.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Dear Client 

You should send the legal notice to landlord for returning the deposit or reply with the reasons in written due to which you don't want to return the money. 

After which you can proceed with recovery suit. Or you can complaint against him for criminal breach of trust.

Yes rent controller/Authority can be approached as you have a rent agreement of the property.

But My suggestion is that try to settle the matter out of court as it will take time 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Give a legal notice to him.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that the case doesn’t fall under the rent controller Jurisdiction, but a civil suit for the recovery of the security deposit as terms of the agreement has been infringed.
  2. It is the case, wherein you should file a suit for recovery of deposit before the court of civil law along with the interest and litigation expenses.
  3. Because it is hm who has forced you to go legally otherwise things would have been different.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

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